Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2021] FWCA 6727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/8160)

AUSTRALIAN PIPING SOLUTIONS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 NOVEMBER 2021

Application for approval of the Australian Piping Solutions Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Australian Piping Solutions Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] 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) of the Act, I am satisfied that the CEPU, the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU, the AMWU and the CFMMEU and that the Agreement covers these organisations.

[4] The Agreement was approved on 17 November 2021 and, in accordance with s 54, will operate from 24 November 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a new enterprise agreement under the Fair Work Act 2009. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Australian Piping Solutions Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The dispute was heard by the Fair Work Commission, a tribunal established under the Act.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Act. This involved examining whether the agreement complied with the procedural and substantive requirements set out in the legislation. The Commission had to consider whether the agreement had been made in accordance with the processes prescribed by the Act, and whether it contained terms that were fair and reasonable in all the circumstances. The Commission also had to assess whether the agreement provided for the protection of employees' rights and interests, and whether it promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement met the criteria for approval under the Act. The Commission was satisfied that the agreement had been made in accordance with the processes prescribed by the Act, and that it contained terms that were fair and reasonable in all the circumstances. The Commission also found that the agreement provided for the protection of employees' rights and interests, and promoted harmonious, productive and cooperative workplace relations. The Commission noted that the agreement contained provisions for the resolution of disputes, the protection of employees' health and safety, and the provision of training and development opportunities. The Commission concluded that the agreement was in the best interests of the employees covered by it, and approved the agreement.

The Fair Work Commission approved the Australian Piping Solutions Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009, and that it provided for the protection of employees' rights and interests, and promoted harmonious, productive and cooperative workplace relations. The agreement was approved on the basis that it contained provisions for the resolution of disputes, the protection of employees' health and safety, and the provision of training and development opportunities. The agreement will now be applied to the employees covered by it, and will regulate their employment terms and conditions.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

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Background to the litigation

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