DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5393)

VALUE ADDED LABOUR SERVICES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2021

Application for approval of the Value Added Labour Services 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 the Value Added Labour Services 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). This is a greenfields agreement that meets the requirements of s 172(2)(b). I am satisfied that each of the relevant requirements of ss 186 and 187 of the Act has been met. Pursuant to s 187(5) of the Act, I am satisfied that the CEPU, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[2] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU, the CFMMEU and the AMWU and that the Agreement covers these organisations.

[3] The Agreement was approved on 10 June 2021 and, in accordance with s 54, will operate from 17 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 an enterprise agreement. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, representing employees in the construction industry. The proposed agreement was the Value Added Labour Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, which was intended to regulate the employment conditions of workers engaged in the construction of the Southern Queensland Correctional Precinct Stage 2 Project at Greenfields.

The legal issues before the court centred on whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been made in good faith and if it contained the mandatory terms set out in section 232 of the Act. Additionally, the court examined whether the agreement complied with the "better off overall test" as outlined in section 178 of the Act.

In assessing the application, the court considered evidence from both parties and examined the contents of the proposed agreement. The court found that the agreement had been made in good faith and contained all the mandatory terms required by the Act. Furthermore, the court was satisfied that the agreement passed the "better off overall test," as the employees would be better off overall if the agreement was approved. Consequently, the court approved the proposed enterprise agreement, recognising its fairness and compliance with the statutory requirements.

No further orders were made by the court.

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