The trustee for TES Mechanical Electrical Qld Unit Trust

[2024] FWCA 1539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The trustee for TES Mechanical Electrical Qld Unit Trust

(AG2024/1280)

THE TRUSTEE FOR TES MECHANICAL ELECTRICAL QLD UNIT TRUST AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2024

Application for approval of The trustee for TES Mechanical Electrical Qld Unit Trust and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

The trustee for TES Mechanical Electrical Qld Unit Trust has made an application for approval of an enterprise agreement known as The trustee for TES Mechanical Electrical Qld Unit Trust 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 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 26 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The trustee for TES Mechanical Electrical Qld Unit Trust applied to the Fair Work Commission for approval of the CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was made by the trustee on behalf of employees who were party to the agreement. The dispute centred around whether the proposed agreement complied with the Fair Work Act 2009 and the applicable common law principles. The legal issues that the Fair Work Commission was required to decide included whether the agreement met the requirements for "in good faith" negotiation, the "genuine agreement" criterion, and whether it included the necessary minimum entitlements for employees. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Fair Work Act.

The Commission examined the negotiation process and evidence provided to determine whether the agreement was genuinely negotiated and reached in good faith. It also considered whether the agreement provided for the minimum entitlements required under the Fair Work Act, including minimum wages, penalty rates, and other conditions of employment. The Commission assessed the evidence and submissions from both parties to ascertain whether the agreement was fair and reasonable. After thorough consideration, the Commission found that the agreement met all the statutory and common law requirements, including those related to good faith negotiation and genuine agreement. It also found that the agreement provided for all the necessary minimum entitlements.

Accordingly, the Fair Work Commission approved the CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The Commission's decision was based on its finding that the agreement was fairly negotiated and provided for the necessary minimum entitlements. The approval means that the agreement will now be registered and enforceable under the Fair Work Act, providing a framework for the employment conditions of the employees covered by the agreement for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established