DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5396)

JOHN R KEITH CONTRACTING QLD PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JUNE 2021

Application for approval of the John R Keith Contracting Qld Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[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 John R Keith Contracting Qld Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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. 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.

[3] The Agreement was approved on 18 June 2021 and, in accordance with s 54, will operate from 25 June 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and John R Keith Contracting Qld Pty Ltd, concerning the Southern Queensland Correctional Precinct Stage 2 Project at Greenfields. The application was made under section 235 of the Fair Work Act 2009, seeking the Commission’s endorsement of the agreement which was negotiated between the parties.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including being in the best interests of the employees, and whether it met the criteria for a protected action ballot. Additionally, the Commission needed to determine if the agreement provided fair and reasonable terms for the employees, and if it included appropriate dispute resolution mechanisms.

The Commission considered the application in light of the statutory requirements, including the need for the agreement to promote workplace harmony and be consistent with the principles of the Fair Work Act. The Commission noted the absence of objections from the parties and the fact that the agreement had been negotiated in good faith. The Commission found that the agreement met all statutory requirements, providing fair and reasonable terms for employees, including appropriate dispute resolution mechanisms. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the relevant provisions of the Act.

As a result of the approval, the Greenfields Agreement 2020 is now legally binding on the employees and the employer, and it will govern the terms and conditions of employment for the project. The agreement will come into effect on the date of the Commission's approval and will remain in force until it is replaced by a new agreement or terminated in accordance with the Fair Work Act.

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