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

[2021] FWCA 6660

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
(AG2021/8180)

AXIS PLUMBING QLD PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the Axis Plumbing QLD 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 Axis Plumbing QLD 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Australian Manufacturing Workers’ Union (AMWU) 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 CFMMEU and the AMWU and that the Agreement covers these organisations.

[4] The Agreement was approved on 12 November 2021 and, in accordance with s 54, will operate from 19 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

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Axis Plumbing QLD Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The union aimed to have this agreement recognised and enforced as a certified agreement under the Fair Work Act 2009. The applicant and respondent in this case were the union and the employer, Axis Plumbing QLD Pty Ltd, respectively.

The primary legal issues before the commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for a fair and efficient workplace and whether it was certified as a single, indivisible agreement. The commission also had to determine if the agreement was genuinely negotiated between the parties and if it complied with the relevant provisions of the Fair Work Act.

The commission found that the agreement did indeed meet the statutory requirements. The union provided evidence of a genuine negotiation process and the agreement's alignment with the Fair Work Act's objectives. The commission also confirmed that the agreement was a single, indivisible document. Given these findings, the commission approved the application, recognising the agreement as a certified agreement.

In summary, the Fair Work Commission approved the Axis Plumbing QLD Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, certifying it as a certified agreement under the Fair Work Act. This decision confirms the agreement's compliance with the necessary legal standards and recognises it as a fair and efficient workplace arrangement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established