Online Fire & Security Pty Ltd Summary

[2022] FWCA 1563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Online Fire & Security Pty Ltd

(AG2022/1316)

Online Fire & Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2022

Application for approval of the Online Fire & Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Online Fire & Security Pty Ltd has made an application for approval of an enterprise agreement known as the Online Fire & Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (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) 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, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 11 May 2022 and, in accordance with s 54, will operate from 18 May 2022. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute regarding the application for approval of the Online Fire & Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The applicant, Online Fire & Security Pty Ltd, sought the approval of this enterprise agreement which outlines terms and conditions of employment for the employees of the company. The dispute arose when the applicant and the relevant union, CEPU, could not agree on certain provisions within the agreement.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions on minimum terms and conditions, procedural fairness, and the genuine bargain requirement. The Commission also had to determine if the agreement met the specific criteria outlined in the Fair Work Act for it to be approved and registered.

In making its decision, the Commission considered the evidence provided by both parties, including the arguments regarding the specific provisions of the agreement. The Commission assessed whether the agreement was made in good faith, without any coercion or undue influence, and if it covered the minimum terms and conditions as required by the Fair Work Act. The Commission also examined the procedural fairness in the negotiation and drafting process of the agreement. Ultimately, the Commission found that the agreement complied with all necessary legal requirements and approved the application, allowing the enterprise agreement to be registered.

The Fair Work Commission approved the Online Fire & Security Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023, and it was registered on the relevant register. The decision confirms that the agreement is valid and binding on all parties involved, providing a clear framework for the terms and conditions of employment within the specified period.

Online Fire & Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established