Mobile Coverage Solutions Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

Mobile Coverage Solutions Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement with its employees, represented by the Communications, Electrical and Plumbing Union of Australia (CEPU). The dispute centred on the terms of the proposed agreement, which covered various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the formal requirements of the Act, including provisions on notice, bargaining, and the rights of employees. The Commission also had to consider whether the agreement was made in good faith and whether it provided for the proper operation of the enterprise. Furthermore, the Commission needed to assess if the agreement's terms were consistent with the national minimum safety net of entitlements and if it provided for a fair and efficient dispute resolution process.

In examining the application, the Commission reviewed the evidence presented by both parties and assessed the agreement's provisions against the legal standards. The Commission found that the agreement had been made in good faith and provided for the proper operation of the enterprise. It also concluded that the agreement met the national minimum safety net requirements and contained efficient and fair dispute resolution processes. Based on these findings, the Commission approved the agreement, highlighting the importance of the collaborative approach taken by both parties in negotiating the terms.

The Fair Work Commission approved the Mobile Coverage Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026, recognising the efforts of both parties in reaching a fair and balanced agreement. The decision underscores the importance of good faith bargaining and the role of the Commission in ensuring that enterprise agreements comply with legal standards and promote the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established