Multiple Electrical Solutions Pty Ltd Summary

[2024] FWCA 2563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Multiple Electrical Solutions Pty Ltd

(AG2024/2433)

MULTIPLE ELECTRICAL SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JULY 2024

Application for approval of the Multiple Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Multiple Electrical Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Multiple Electrical 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.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 10 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Multiple Electrical Solutions Pty Ltd, represented by their legal counsel, applied for the approval of the Multiple Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered enterprise agreement. The dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether they complied with the statutory requirements for registration.

The primary legal issues before the Commission involved the examination of the agreement to determine if it met the criteria for registration under the Fair Work Act. Specifically, the Commission had to assess whether the agreement was in writing, provided for the terms and conditions of employment, was made by an employer and an employee organisation, and whether it was certified as a simple or low-complexity agreement. Additionally, the Commission needed to ensure that the agreement did not include terms that were contrary to the provisions of the Fair Work Act, including those relating to minimum wages, penalty rates, and other entitlements.

The Commission found that the proposed agreement was in writing and had been made by the employer and the CEPU Electrical Division Queensland, an employee organisation. It was certified as a low-complexity agreement, meaning it did not require individual bargaining. The Commission confirmed that the agreement provided for the terms and conditions of employment, including wages, hours of work, leave provisions, and other benefits. Importantly, the Commission determined that the agreement did not contain any terms that were contrary to the Fair Work Act or other relevant legislation. As such, the Commission approved the application and registered the Multiple Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 as a registered enterprise agreement.

Multiple Electrical Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established