Mobile Coverage Solutions Pty Ltd
[2025] FWCA 249
•22 JANUARY 2025
| [2025] FWCA 249 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mobile Coverage Solutions Pty Ltd
(AG2024/5073)
MOBILE COVERAGE SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026
| Electrical contracting industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 22 JANUARY 2025 |
Application for approval of the Mobile Coverage Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026
Introduction
Mobile Coverage Solutions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Mobile Coverage Solutions 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). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Electrical, Electronic and Communications Contracting Award 2020 (the Award). The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) was a bargaining representative in relation to the Agreement.
Sufficient Interest and Sufficiently Representative
The application form indicated that four employees are covered by the Agreement and three voted to approve. Three of the employees are employed on a casual basis. This raised concerns regarding whether the employees entitled to vote on the agreement are employed across the full range of classifications in the agreement pursuant to s.188(2) of the Act and paragraph 17 of the Statement of Principles (the Principles).
The Employer provided submissions that it engaged in an authentic exercise in agreement making. The Employer submitted that the employees who voted on the Agreement will be paid the rates under the Agreement. The Employer submitted that with the benefit of an approved enterprise agreement, it will be able to tender and secure new work and be able to expand its workforce and have more stable work to offer full time work to casual employees. The Employer further submitted that the ETU supports the Agreement and has no concerns regarding genuine agreement in accordance with paragraph 19 of the Principles. Based on these submissions, I am satisfied that the employees requested to approve the Agreement by voting for it have a sufficient interest in the terms of the Agreement and are sufficiently representative.
Casual Employees Entitled to Vote
Three casual employees were identified by the Employer as employees eligible to participate in the vote on the Agreement. The Employer provided submissions showing that all three casual employees were employed at the time and entitled to vote. I am satisfied that in light of the Full Bench decision in Appeal by Kmart Australia Limited t/a Kmart and others,[1] the requirement in s. 181(1) of the Act has been met.
Section 186, 187, 188 and 190
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The ETU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the ETU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 31 July 2026.
DEPUTY PRESIDENT
[1] [2019] FWCFB 7599
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