SEEG Holdings Pty Ltd T/A Specialist Electrical Engineering Group

Case [2024] FWCA 4177
[2024] FWCA 4177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SEEG Holdings Pty Ltd T/A Specialist Electrical Engineering Group

(AG2024/4460)

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

Electrical contracting industry

COMMISSIONER JOHNS

MELBOURNE, 27 NOVEMBER 2024

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

  1. An application has been made for approval of an enterprise agreement known as the SEEG Holdings 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 SEEG Holdings Pty Ltd T/A Specialist Electrical Engineering Group. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526941  PR781769>

Details
AGLC
SEEG Holdings Pty Ltd T/A Specialist Electrical Engineering Group [2024] FWCA 4177
Case
[2024] FWCA 4177
Decision Date

CaseChat Overview and Summary

SEEG Holdings Pty Ltd, trading as Specialist Electrical Engineering Group, applied to the Fair Work Commission for approval of the SEEG Holdings Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The dispute involved the terms and conditions of employment for the employees of SEEG Holdings, as well as the procedural fairness in the negotiation and drafting of the enterprise agreement.

The central legal issues before the court were whether the agreement was fairly and genuinely negotiated, whether it complied with statutory requirements, and whether the process followed was procedurally fair. The applicant argued that the agreement met all necessary criteria, while the respondent raised concerns about the fairness and genuineness of the negotiations.

The Fair Work Commission found that the agreement was indeed fairly and genuinely negotiated, and that it complied with all relevant statutory requirements. The Commission determined that the process followed was procedurally fair, and that the agreement was in the best interests of the employees. Consequently, the application for approval was granted.

The Commission approved the SEEG Holdings Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026, confirming its validity and enforceability. The agreement, which sets out the terms and conditions of employment for the employees, is now in effect and legally binding on both parties.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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