DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6271)

A.C.A INSULATIONS PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2021

Application for approval of the A.C.A Insulations Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[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.C.A Insulations Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (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 is 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 and that the Agreement covers this organisation.

[4] The Agreement was approved on 30 July 2021 and, in accordance with s 54, will operate from 6 August 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 case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and A.C.A Insulations Pty Ltd (the "Employer"). The Union sought approval of a collective agreement entered into with the Employer, specifically the A.C.A Insulations Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The dispute centred around whether the agreement met the necessary criteria for approval under relevant industrial legislation.

The court was tasked with determining whether the collective agreement complied with the requirements set out in the Fair Work Act 2009. Key issues included whether the agreement was in writing, had been negotiated in good faith, and contained appropriate dispute resolution mechanisms. Additionally, the court considered whether the agreement was consistent with the broader objectives of the Fair Work Act, such as promoting harmonious, productive and cooperative workplace relations.

In examining the agreement, the court found that it was in writing and had been negotiated in good faith by the parties. The agreement included provisions for dispute resolution and was consistent with the broader objectives of the Fair Work Act. The court concluded that the collective agreement met the necessary criteria for approval. Therefore, the Union's application for approval of the collective agreement was granted.

As a result of the court's decision, the A.C.A Insulations Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 was approved and is now legally binding on the parties. This decision provides certainty and stability for the employees covered by the agreement, ensuring that they benefit from the terms and conditions set out in the collective agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established