DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5823)

COOKE & DOWSETT PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JULY 2021

Application for approval of the Cooke & Dowsett 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 Cooke & Dowsett 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 the organisation.

[4] The Agreement was approved on 14 July 2021 and, in accordance with s 54, will operate from 21 July 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the representative for employees of Cooke & Dowsett Pty Ltd, and the company itself. The matter before the Fair Work Commission was to seek approval of the Union Collective Agreement 2018. This agreement aimed to establish the terms and conditions of employment for the employees of Cooke & Dowsett Pty Ltd, which was a significant entity in the construction industry, operating on the Queen's Wharf project.

The primary legal issue the court needed to address was whether the collective agreement complied with the relevant statutory requirements. This involved examining if the agreement contained the necessary provisions for employee representation, dispute resolution, and other mandatory terms. Additionally, the court had to ensure that the agreement did not discriminate against any employee or group of employees, and that it was fair and reasonable in its terms. The court also had to consider whether the agreement was negotiated in good faith and if it provided for a proper balance between the rights of employers and employees.

The Fair Work Commission found that the collective agreement met all the necessary statutory requirements. The agreement was comprehensive and included provisions for employee representation and dispute resolution. The court noted that the terms of the agreement were fair and reasonable, and that it was negotiated in good faith. The Commission concluded that the agreement provided a proper balance between the rights of the employees and the company, and that it did not contain any discriminatory provisions. As a result, the Commission approved the Union Collective Agreement 2018 for Cooke & Dowsett Pty Ltd. The approval of the agreement was seen as an important step in ensuring fair and reasonable terms of employment for the employees of the company, while also supporting the ongoing operations of the business.

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