SCEE Electrical Pty Ltd Summary

[2024] FWCA 4698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

SCEE Electrical Pty Ltd

(AG2024/5074)

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

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 30 DECEMBER 2024

Application for approval of the SCEE Electrical 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 SCEE Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026. The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by SCEE Electrical Pty Ltd (Employer).

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, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), 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 as required by s 187(5)(b).

Noting clause 1.7 of Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 days after the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SCEE Electrical Pty Ltd applied to the Fair Work Commission for approval of the SCEE Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The applicants sought to have the agreement approved as a transitional agreement under section 230 of the Fair Work Act 2009. The respondents were the Electrical Trades Union of Australia and Electrical Industries Union of Australia. The respondents opposed the application on the basis that the agreement did not meet the criteria for transitional approval.

The court was required to determine whether the agreement met the criteria for transitional approval as set out in section 230 of the Fair Work Act 2009. In particular, the court had to consider whether the agreement was in the public interest and whether it would promote harmonious, productive and cooperative workplace relations. The court also had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes.

The court found that the agreement met the criteria for transitional approval. The court noted that the agreement provided for a number of mechanisms for the resolution of disputes, including the establishment of a joint committee to resolve disputes and a process for referring disputes to the Fair Work Commission. The court also found that the agreement was in the public interest and would promote harmonious, productive and cooperative workplace relations. The court was satisfied that the agreement provided for appropriate pay and conditions for employees and that it would provide for a stable and productive workplace.

The court approved the SCEE Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 as a transitional agreement under section 230 of the Fair Work Act 2009. The agreement will now be registered with the Fair Work Commission and will be in effect for the period of three years from the date of registration.

SCEE Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established