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

[2021] FWCA 6257

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
(AG2021/7677)

A.G. COOMBS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2021

Application for approval of the A.G. Coombs 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 A.G. Coombs 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 13 October 2021 and, in accordance with s 54, will operate from 20 October 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 matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was made to the Fair Work Commission (FWC) for approval of the A.G. Coombs Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The agreement in question is a certified agreement under the Fair Work Act 2009 and covers employees of A.G. Coombs Pty Ltd involved in the construction of the Southern Queensland Correctional Precinct Stage 2 Project. The union sought approval of the agreement on the basis that it contained terms and conditions of employment that were fair and reasonable.

The legal issues before the FWC centred on whether the agreement was genuinely bargained for and whether it contained terms and conditions that were fair and reasonable. The union argued that the agreement was the result of genuine negotiations and that the terms were fair and reasonable given the circumstances of the project. The employer, A.G. Coombs Pty Ltd, did not contest the genuineness of the agreement or the fairness of the terms but rather focused on the compliance of certain provisions with the relevant industrial instruments.

The FWC, in considering the application, assessed the evidence presented regarding the negotiation process and the terms of the agreement. The Commission found that the agreement was genuinely negotiated and that the terms and conditions were fair and reasonable. The FWC noted the complexities of the project and the need for certainty in the workforce, which justified the terms agreed upon. The Commission also considered the impact of the agreement on the employees and found that it provided adequate protections and benefits.

The FWC approved the application and certified the agreement as a registered agreement. The certified agreement will now apply to the employees covered by its terms, providing them with the agreed-upon conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established