P.M.T. Security Systems Pty Ltd Summary

[2023] FWCA 1146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

P.M.T. Security Systems Pty Ltd

(AG2023/1024)

P.M.T. SECURITY SYSTEMS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 APRIL 2023

Application for approval of the P.M.T. Security Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

P.M.T. Security Systems Pty Ltd has made an application for approval of an enterprise agreement known as the P.M.T. Security Systems 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). 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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 21 April 2023 and, in accordance with s 54, it will operate from 28 April 2023. 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 parties involved in this matter were P.M.T. Security Systems Pty Ltd and CEPU Electrical Division Queensland, who sought the court's approval for their Enterprise Agreement 2019 - 2023. The nature of the dispute centred around the application for the formal approval of the terms and conditions of the Enterprise Agreement, as per the Fair Work Act 2009. The matter was heard in the Fair Work Commission, the court responsible for such employment-related matters.

The legal issues before the court included whether the Enterprise Agreement was fairly negotiated, whether it complied with the statutory requirements, and whether it provided fair and reasonable terms for the employees and the employer. The court had to ensure that the agreement met the criteria for approval, including being in writing, meeting the disclosure requirements, and not containing any terms that contravened the Fair Work Act.

In assessing the application, the court examined the negotiation process and the content of the Enterprise Agreement. It took into account the submissions from both parties, the fairness of the terms, and the compliance with the statutory requirements. The court found that the Enterprise Agreement was fairly negotiated, contained reasonable terms, and did not contravene any provisions of the Fair Work Act. Consequently, the court approved the application for the Enterprise Agreement's formal approval.

The Fair Work Commission approved the Enterprise Agreement 2019 - 2023, with the terms and conditions now binding on both P.M.T. Security Systems Pty Ltd and CEPU Electrical Division Queensland. This decision confirms the agreement as a valid and enforceable contract between the parties.

P.M.T. Security Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established