C & I Installations Pty Ltd Summary

[2023] FWCA 2925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

C & I Installations Pty Ltd

(AG2023/3038)

C & I INSTALLATIONS PTY LTD ETU/AMWU CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 12 SEPTEMBER 2023

Application for approval of the C & I Installations Pty Ltd ETU/AMWU Construction & Service Employees Enterprise Agreement 2022

An application has been made for approval of a greenfields enterprise agreement known as the C & I Installations Pty Ltd ETU/ AMWU Construction & Service Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was made by C & I Installations Pty Ltd.

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 as are relevant to this application for approval have been met.

In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Manufacturing Workers Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of C & I Installations Pty Ltd, the Australian Industrial Relations Commission (AIRC) was asked to approve the C & I Installations Pty Ltd ETU/AMWU Construction & Service Employees Enterprise Agreement 2022. The application for approval was made by the Electrical Trades Union of Australia (ETU) and the Australian Manufacturing Workers' Union (AMWU). The agreement pertains to the terms and conditions of employment for workers within the construction and service sectors employed by C & I Installations Pty Ltd.

The primary legal issue before the AIRC was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to be "freely negotiated" and "not adversely affect employees' job security." The AIRC also had to consider whether the agreement contained appropriate provisions for the protection of employee rights and conditions of employment. Furthermore, the court needed to determine if the agreement met the standard of being in the "best interests of the employees" and if it complied with the "no disadvantaging" principle.

The AIRC conducted a thorough examination of the proposed agreement, assessing its provisions against the legislative requirements. The commission found that the agreement was the product of genuine and voluntary negotiation between the parties. It also determined that the agreement did not adversely affect the job security of employees, as it contained provisions that safeguarded their rights and conditions of employment. Moreover, the AIRC was satisfied that the agreement was in the best interests of the employees and that it complied with the "no disadvantaging" principle. Consequently, the AIRC approved the C & I Installations Pty Ltd ETU/AMWU Construction & Service Employees Enterprise Agreement 2022.

As a result of the AIRC's decision, the C & I Installations Pty Ltd ETU/AMWU Construction & Service Employees Enterprise Agreement 2022 was approved, and it will now serve as the governing document for the terms and conditions of employment for the relevant workers. The approval of this enterprise agreement will provide certainty and stability to the employees and employers within the construction and service sectors employed by C & I Installations Pty Ltd.

C & I Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established