DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6116)

BLOC BUILDING SERVICES PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JULY 2021

Application for approval of the Bloc Building Services 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 Bloc Building Services 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 28 July 2021 and, in accordance with s 54, will operate from 4 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 involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Bloc Building Services Pty Ltd, heard in the Fair Work Commission. The union sought approval of the Bloc Building Services Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The union argued that the agreement should be certified under the Fair Work Act 2009 to ensure its members’ working conditions are protected and fairly negotiated.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval, including whether it was genuinely negotiated and addressed the needs of the employees. The Commission had to consider the terms of the agreement, the process by which it was negotiated, and whether it complied with the Fair Work Act 2009.

The Commission examined the negotiation process and found it to be genuine and comprehensive, involving extensive discussions between the union and the employer. The terms of the agreement were deemed to be fair and reasonable, addressing the needs and interests of the employees. The Commission concluded that the agreement met all the statutory requirements for approval and certified it accordingly. The decision ensures that the employees' working conditions are protected and that the union's role in negotiating their terms is recognised.

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

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Legal Principle Established