MGA Electronic Security Pty Ltd

[2024] FWCA 1176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MGA Electronic Security Pty Ltd

(AG2024/901)

MGA ELECTRONIC SECURITY PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2024

Application for approval of the MGA Electronic Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

MGA Electronic Security Pty Ltd has made an application for approval of an enterprise agreement known as the MGA Electronic Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 3 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Building and Construction Commission for the approval of the MGA Electronic Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. This agreement was between the employer, MGA Electronic Security, and the union, CEPU Electrical Division. The union represented the employees who were covered by the agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue for the Commission to decide was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided for minimum terms and conditions, including rates of pay, hours of work, leave entitlements, and other employment terms. The Commission also had to consider whether the agreement provided for the resolution of any disputes between the employer and employees, and whether it contained appropriate provisions for the protection of employees' rights.

In reaching its decision, the Commission considered the submissions and evidence provided by both parties. The Commission noted that the agreement provided for minimum terms and conditions that were no less favourable than the applicable awards and laws. The Commission also found that the agreement contained provisions for the resolution of disputes and for the protection of employees' rights, including provisions for termination and redundancy. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act.

Accordingly, the Commission approved the agreement. The approval means that the agreement will become a legally binding contract between the employer and the employees, and will provide the basis for the terms and conditions of employment for the duration of the agreement. The employer and the union are now required to take steps to ensure that the agreement is brought to the attention of all employees and that they are given an opportunity to familiarise themselves with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established