austlii:cth/FWCA/2026/375
General information, not legal advice.
FWCA
2026-02-13
Original judgment source is linked above.
CEI SERVICES PTY LTD ENTERPRISE AGREEMENT 2026-2030
Application for approval of the CEI Services Pty Ltd Enterprise Agreement 2026 - 2030
[1] CEI Services Pty Ltd has applied for approval of a single enterprise agreement known as the CEI Services Pty Ltd Enterprise Agreement 2026 - 2030 (the Agreement).
[2] The Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 requires employees to be given a reasonable opportunity to vote on a proposed enterprise agreement in a free and informed manner. In aid of this expectation, the Statement of Principles also deals with providing information to employees about the time, place and method for voting on an enterprise agreement.
[3] In this case, employees were not given notice of the time, place and voting method strictly in the manner described in the Statement of Principles, because the notice of voting information was given seven days before the vote occurred, as opposed to seven clear days before it commenced. I am satisfied in the circumstances that employees had a reasonable opportunity to vote on the Agreement in a free and informed manner. 15 of 16 employees voted in relation to the Agreement, indicating that employees had the information they needed to participate in the process.
[4] On the papers and having regard to the Statement of Principles, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 (the Act) as are relevant to this application for approval have been met.
[5] The Workplace Delegates Rights term in the Agreement is less favourable for employees than the delegates' rights term in the Electrical, Electronic and Communications Contracting Award 2020. In accordance with s.205A(2) of the Act, the term in the Agreement is of no effect and the Award term to be taken to be a term of the Agreement.
[6] The Agreement is approved and will operate from 20 February 2026. The nominal expiry date of the Agreement is 13 February 2030.
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