Securcom (Qld) Pty Ltd Summary

[2024] FWCA 2599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Securcom (Qld) Pty Ltd

(AG2024/2477)

SECURCOM (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2024

Application for approval of the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Securcom (Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Securcom (Qld) 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 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 s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 12 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Securcom (Qld) Pty Ltd and the CEPU Electrical Division. The dispute was about the approval of their Enterprise Agreement for the years 2023 to 2026. The case was heard in the Fair Work Commission. The central legal issues that the court needed to decide related to the fairness and appropriateness of the terms and conditions outlined in the proposed Enterprise Agreement. The court had to assess whether the agreement was in line with the Fair Work Act 2009 and whether it met the criteria for being a ‘better off overall test’ agreement.

The Fair Work Commission examined the application to approve the Enterprise Agreement. The Commission considered the fairness of the proposed terms and conditions, including wages, hours of work, leave provisions, and other employment matters. The court also evaluated whether the agreement provided for a fair and efficient workplace, ensuring that it did not undermine the rights and protections of employees under the Fair Work Act. Furthermore, the Commission assessed whether the agreement would lead to improved productivity and efficiency in the workplace.

In its decision, the Fair Work Commission found that the proposed Enterprise Agreement met the requirements of the Fair Work Act. The court determined that the agreement was fair and appropriate, providing for a better overall outcome for the employees. The terms and conditions were considered to be reasonable and did not undermine the rights and protections of the employees. The Commission approved the Enterprise Agreement, acknowledging that it would contribute to improved productivity and efficiency in the workplace.

The Fair Work Commission approved the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, as it met the criteria for being a ‘better off overall test’ agreement. The court found that the agreement was fair and appropriate, providing for improved productivity and efficiency in the workplace. The Commission also determined that the agreement did not undermine the rights and protections of the employees under the Fair Work Act.

Securcom (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established