DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5688)

RAMSAY SUPPLIES PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JULY 2021

Application for approval of the Ramsay Supplies 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 Ramsay Supplies 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 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 Union Collective Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ramsay Supplies Pty Ltd, concerning employees working at Queen's Wharf. The application was made under section 235 of the Fair Work Act 2009. The primary concern was whether the agreement complied with the statutory requirements for union representation and the terms and conditions of employment.

The legal issues the Commission had to address included whether the union was appropriately recognised as the representative for the employees, whether the agreement covered all required terms and conditions of employment, and whether the agreement adhered to the provisions of the Fair Work Act. The Commission also considered if the agreement was made in good faith and if it provided for appropriate dispute resolution mechanisms.

After examining the evidence and arguments presented, the Fair Work Commission determined that the union was duly recognised and that the agreement was made in good faith. The Commission found that the agreement comprehensively covered the necessary terms and conditions of employment and complied with the statutory requirements of the Fair Work Act. The agreement was found to provide for appropriate dispute resolution mechanisms, and therefore, the application for approval was granted. The Commission approved the Ramsay Supplies Pty Ltd (Queen's Wharf) - Union Collective Agreement 2018, subject to the terms and conditions outlined in the 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