Securom (Qld) Pty Ltd

[2022] FWCA 529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Securom (Qld) Pty Ltd

(AG2022/159)

Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 16 FEBRUARY 2022

Application for approval of the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023.

An application has been made for approval of an enterprise agreement known as the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Securom (Qld) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 (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. 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 23 February 2022. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

Securom (Qld) Pty Ltd sought approval of its 2019-2023 Enterprise Agreement with the CEPU Electrical Division Queensland. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements for registration under the Fair Work Act 2009. The dispute centred around the process by which the agreement was reached and whether it complied with the statutory obligations for good faith bargaining and the protection of employee interests.

The central legal issues that the Commission had to resolve were whether Securom (Qld) Pty Ltd had engaged in genuine bargaining and whether the agreement was fair and reasonable. The Commission examined the evidence regarding the bargaining process, including the timing, manner, and content of the negotiations. Additionally, it assessed whether the agreement provided for appropriate terms and conditions, and if it protected the interests of the employees in line with the objectives of the Fair Work Act.

The Commission concluded that Securom (Qld) Pty Ltd had indeed engaged in genuine bargaining. It found that the process was conducted in good faith, with adequate consultation and consideration of employee concerns. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, providing adequate protections for the employees. Accordingly, it approved the application for the registration of the Enterprise Agreement.

The Fair Work Commission approved the Securom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. This decision was based on the evidence of good faith bargaining and the fairness of the terms and conditions of the agreement. The Commission's approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between Securom (Qld) Pty Ltd and its employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established