DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5680)

THERMAL GROUP PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JULY 2021

Application for approval of the Thermal Group 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 Thermal Group 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 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 and the AMWU and that the Agreement covers these organisations.

[4] The Agreement was approved on 6 July 2021 and, in accordance with s 54, will operate from 13 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 matter before the Fair Work Commission was an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Thermal Group Pty Ltd (Queens Wharf). The union sought approval for the Union Collective Agreement 2018 which contained various terms and conditions of employment for its members working for the respondent company. The Fair Work Commission was required to determine whether the agreement was in the public interest and complied with the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was a "good faith" agreement that had been made in accordance with the requirements of the Fair Work Act and whether it was in the public interest to approve the agreement. The union argued that the agreement was a genuine effort to reach a consensus on key issues and contained terms that were fair and reasonable. The respondent company argued that some provisions of the agreement were unreasonable and would place an undue burden on its operations.

The Commission found that the agreement was a genuine attempt by the parties to reach a consensus on key issues and contained terms that were fair and reasonable. The Commission was satisfied that the agreement was made in good faith and was in the public interest. The Commission noted that the agreement contained provisions that promoted productivity, efficiency and harmonious workplace relations. The Commission approved the agreement and made an order for its registration.

The Fair Work Commission approved the Union Collective Agreement 2018 and made an order for its registration. The agreement will now apply to the union members employed by Thermal Group Pty Ltd (Queens Wharf) and will regulate their terms and conditions of employment.

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