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

[2021] FWCA 6134

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

(AG2021/7671)

Andale Beverage Systems (Qld) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 OCTOBER 2021

Application for approval of the Andale Beverage Systems (Qld) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018

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 Andale Beverage Systems (Qld) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 6 October 2021 and, in accordance with s 54, will operate from 13 October 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Andale Beverage Systems (Qld) Pty Ltd. The union sought approval of the 2018 Union Collective Agreement, which it had negotiated with the company. The Commission's task was to determine whether the agreement met the requirements of the Fair Work Act 2009, including the provisions concerning the approval of agreements. The legal issues the Commission had to resolve centred on whether the agreement was fairly negotiated, met the requirements of the Fair Work Act, and whether it was in the interests of the employees and the employer.

The Commission first examined the process by which the agreement was negotiated. It considered whether there was genuine bargaining between the parties, and whether the union had a sufficient representative role in the negotiation process. The Commission also assessed whether the terms of the agreement were fair and reasonable in the context of the overall employment relationship. Additionally, the Commission evaluated whether the agreement complied with the provisions of the Fair Work Act, including the minimum standards set out in the National Employment Standards and the modern awards applicable to the employees. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was fairly negotiated and met the statutory requirements.

Upon finding that the agreement was fairly negotiated and met the statutory requirements, the Commission approved the Union Collective Agreement. The Commission determined that the agreement was in the best interests of both the employees and the employer, and that it provided for a fair and reasonable resolution of the employment terms and conditions. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the product of genuine bargaining and met the necessary legislative criteria. The final orders of the Commission included the approval of the Union Collective Agreement 2018 for Andale Beverage Systems (Qld) Pty Ltd.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established