Onemech Electrical Pty Ltd

[2024] FWCA 2565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Onemech Electrical Pty Ltd

(AG2024/2428)

ONEMECH ELECTRICAL 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 Onemech Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Onemech Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Onemech Electrical 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 10 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Onemech Electrical Pty Ltd applied for approval of the Onemech Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was heard in the Fair Work Commission, and the Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The application was brought by the employer, Onemech Electrical Pty Ltd, and the union, CEPU Electrical Division Queensland.

The legal issues before the Commission were whether the agreement provided for a minimum rate of pay that was no less than the applicable award or registered agreement, and whether it complied with the requirements for enterprise agreements under the Fair Work Act 2009. The Commission found that the agreement did not provide for a minimum rate of pay that was no less than the applicable award or registered agreement, and that it did not comply with the requirements for enterprise agreements under the Fair Work Act 2009. The Commission found that the agreement did not comply with the Fair Work Act 2009 because it contained provisions that were not permitted by the Act, and that it did not provide for a minimum rate of pay that was no less than the applicable award or registered agreement.

The Commission refused to approve the agreement because it did not comply with the requirements of the Fair Work Act 2009. The Commission noted that the agreement contained provisions that were not permitted by the Act, and that it did not provide for a minimum rate of pay that was no less than the applicable award or registered agreement. The Commission found that the agreement was not in the best interests of the employees, and that it did not comply with the requirements for enterprise agreements under the Fair Work Act 2009. The Commission did not make any orders in relation to the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established