PECC Pty Ltd

[2024] FWCA 2303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PECC Pty Ltd

(AG2024/2112)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JUNE 2024

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

PECC Pty Ltd has made an application for approval of an enterprise agreement known as the PECC 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 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 20 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PECC Pty Ltd recently sought approval for its Enterprise Agreement (EA) for the years 2023-2026. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed EA met the necessary legal standards for approval. The EA was contested by CEPU Electrical Division, a union representing the employees. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, and other employment-related matters as outlined in the proposed EA.

The central legal issue before the Commission was whether the EA complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to assess if the EA was in the ‘best interests’ of the employees, taking into account any relevant matters as stipulated by the Act. The focus was on whether the proposed terms and conditions were fair and reasonable, and if they provided for adequate protection for the employees’ rights and entitlements.

In its decision, the Fair Work Commission determined that the proposed EA did indeed meet the necessary legal requirements. The Commission found that the EA provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission considered various factors, including the views of the union, the nature of the bargaining process, and the overall fairness of the proposed terms. The Commission concluded that the EA was consistent with the principles of the Fair Work Act and, therefore, should be approved. The decision was made in light of the evidence presented and the Commission's overall assessment of the EA's compliance with the relevant legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established