Procrest Pty Ltd

[2024] FWCA 2790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Procrest Pty Ltd

(AG2024/2693)

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

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 29 JULY 2024

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

An application has been made for approval of an enterprise agreement known as the Procrest Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Procrest Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Procrest Pty Ltd sought approval of a proposed enterprise agreement between the company and the CEPU Electrical Division Queensland, which was set to run from 2023 to 2026. The matter was brought before the Fair Work Commission. The primary issue before the Commission was whether the agreement met the statutory requirements for approval, including whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. A secondary issue was whether the agreement provided adequate protections for employees' rights and conditions.

The Commission examined the agreement to determine whether it met the criteria for approval under the Fair Work Act. It assessed whether the agreement was made in good faith, whether it was free from coercion or undue influence, and whether it complied with the minimum standards set out in the regulations. The Commission also considered whether the agreement provided adequate protections for employees, including provisions relating to pay rates, hours of work, and other conditions of employment. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement met the statutory requirements for approval. It found that the agreement was made in good faith, was free from coercion or undue influence, and complied with the minimum standards set out in the regulations. The Commission also found that the agreement provided adequate protections for employees, including provisions relating to pay rates, hours of work, and other conditions of employment.

Accordingly, the Commission approved the Procrest Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The agreement will now be registered and will apply to the relevant employees and employers. The decision is final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established