All Trades Queensland Pty Ltd

[2019] FWCA 8754

[2019] FWCA 8754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

All Trades Queensland Pty Ltd
(AG2019/2479)

ALL TRADES QUEENSLAND PTY LTD APPRENTICE / TRAINEE ENTERPRISE AGREEMENT 2018

DEPUTY PRESIDENT LAKE BRISBANE, 31 DECEMBER 2019

Application for approval of the All Trades Queensland Pty Ltd Apprentice / Trainee Enterprise Agreement 2018

[1] All Trades Queensland Pty Ltd (the Applicant) has applied for the approval of an enterprise agreement known as the All Trades Queensland Pty Ltd Apprentice / Trainee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Applicant. It is a single enterprise agreement.

[2] The Agreement is proposed to cover and apply to apprentices and trainees employed by the Applicant. This is similar to the prior All Trades Queensland Agreements.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), the Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical, Energy and Services Division, Queensland & Northern Territory Divisional Branch) (the ETU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Plumbing Division, Queensland & Northern Territory Divisional Branch) (the CEPU Plumbing Division) and the Plumbing and Pipe Trades Employees Union (the PPTEU) (collectively “the Unions’) were bargaining representatives during the bargaining of the Agreement.

[4] Upon the Agreement being lodged with the Fair Work Commission (the Commission) for approval, the Unions did not participate in a conference that I listed on 10 December 2019 to discuss the Agreement with the Applicant and, it was hoped, the Unions. An employee bargaining representative, Ms Jazmin Cash, participated in the conference and expressed strong support for the approval of the Agreement on behalf of the employees. The Unions also, it appeared, did not wish to make formal submissions on whether or not the Agreement should be approved and did not wish to be covered by the Agreement. The motive of the Unions’ unwillingness to be covered by the Agreement remains unclear, however, in order to afford the Unions procedural fairness, I invited a submission from the Unions on whether or not the Agreement was capable of approval in an email to them (collectively) on 10 December 2019, wherein I wrote:

“Dear parties

AG2019/2479 - Application by All Trades Queensland Pty Limited

The Deputy President refers to the above matter and notes that there was a conference held this afternoon with respect to same. There were no union parties present at the conference, despite the notice of listing being sent to all union parties who were involved in bargaining.

The Deputy President and the Commission are presently working with the Applicant to ensure the Commission’s satisfaction that the agreement is compliant with the relevant statutory tests. For the union parties’ benefit, this is what was discussed at the conference.

The Deputy President wishes to confirm for the record whether any union party either supports or objects to the agreement being approved.  

It is clear that the AMWU does not wish the agreement to cover it, but has remained silent on the question of whether it supports the agreement being approved. The Plumbing and Pipe Trades Employee Union expressed that it did not support the Agreement being approved, but did otherwise not turn up at the conference to provide any submissions on this stance despite being called at the of the conference on the number it provided.

If a union party wishes to either express support or outline an objection to the agreement being approved, the Deputy President directs any union party, should it wish, to file a written submission at [email protected] by no later than 4pm on Wednesday, 18 December 2019. If no submission is received, the Deputy President will continue to ensure that the agreement is statutory compliant.

Regards”

[5] The AMWU expressed that it did not wish to express support for the Agreement, but did otherwise not expand what this meant. The PPTEU, prior to this communication being sent to the Unions, expressed that it did not support the Agreement, but did not otherwise indicate or expand what this meant. A number of calls were made to the PPTEU representative to participate in the conference that I had listed to discuss the Agreement, but they also seemed to not wish to participate in the conference. The other union parties generally did not engage with the Commission.

[6] The Applicant provided signed written undertakings on 17 December 2019 which are annexed to the Agreement (Annexure A). I understand that the Unions have also been provided a copy of these written undertakings. No submissions were filed by the Unions in relation to these undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I am also satisfied that in the Applicant providing these undertakings, the Agreement passes the better off overall test, pursuant to s. 193 of the Act.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the avoidance of doubt, the Unions are not covered by the Agreement.

[8] The Agreement is approved and, in accordance s. 54 of the Act, will operate from 8 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506655  PR715661>

ANNEXURE A