Soundcorp Pty Ltd

[2024] FWCA 2564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Soundcorp Pty Ltd

(AG2024/2424)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JULY 2024

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

Soundcorp Pty Ltd has made an application for approval of an enterprise agreement known as the Soundcorp 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).

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, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 10 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Soundcorp Pty Ltd, represented by its managing director, applied to the Fair Work Commission for the approval of the Soundcorp Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was contested by the Electrical Trades Union of Australia, which argued that the proposed agreement was not in the best interests of the employees. The dispute centred around specific clauses in the agreement that the union believed were detrimental to the employees' rights and conditions.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the proper regulation of workplace terms and conditions, and whether it was made in good faith and without coercion. The Commission also needed to consider if the agreement complied with the "better off overall test," ensuring that the employees were not worse off financially under the new agreement.

The Commission examined the evidence presented by both parties and the specific clauses in question. It concluded that the proposed agreement met the statutory requirements and was made in good faith. The Commission found that the agreement provided for the proper regulation of workplace terms and conditions and satisfied the "better off overall test." Consequently, the application for approval was successful. The Fair Work Commission approved the Soundcorp Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established