DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5684)

SEDATECH PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JULY 2021

Application for approval of the Sedatech 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 Sedatech 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members employed by Sedatech Pty Ltd, and Sedatech Pty Ltd. The dispute centred around the approval of the Sedatech Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The matter was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the provisions of the proposed collective agreement met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission considered the application for approval of the collective agreement and examined whether it contained all the mandatory terms required by the Act, and whether it complied with the good faith bargaining requirements. The Commission noted that the agreement contained all the mandatory terms, and both parties had engaged in good faith bargaining. However, the Commission identified concerns regarding the provisions related to the classification of employees and the calculation of penalty rates, which were found to be inconsistent with the principles of fairness and reasonableness. The Commission concluded that these provisions needed to be amended to ensure they met the required standards.

Upon identifying the need for amendments, the Commission engaged in further discussions with the parties to address the issues. Ultimately, the parties reached an agreement on the revised provisions, which were deemed to be fair and reasonable. The Fair Work Commission approved the amended Sedatech Pty Ltd (Queens Wharf) - Union Collective Agreement 2018, subject to the parties' adherence to the agreed-upon terms. The approval of the collective agreement ensures that the employees of Sedatech Pty Ltd are covered by a fair and comprehensive agreement, which outlines their rights and obligations, as well as the terms and conditions of their 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

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Legal Principle Established