DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3444)

B&D INSULATION CONTRACTING (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 DECEMBER 2020

Application for approval of the B&D Insulation Contracting (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 a greenfields agreement known as the B&D Insulation Contracting (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)(a) of the Act, I am satisfied that the CEPU, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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. I am also satisfied 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, the AMWU and the CFMMEU and that the Agreement covers these organisations.

[4] The Agreement was approved on 8 December 2020 and, in accordance with s 54, will operate from 15 December 2020. 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 involved an application for approval of the B&D Insulation Contracting (Queens Wharf) - Union Collective Agreement 2018. The applicants were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and B&D Insulation Contracting Pty Ltd. The dispute centred on whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the public interest and if it provided for appropriate dispute resolution mechanisms.

The legal issues the Commission addressed included whether the agreement contained provisions that were contrary to public interest, whether the agreement was made in good faith, and whether the agreement provided for fair and appropriate processes for the resolution of disputes. The Commission also considered if the agreement provided for minimum terms and conditions of employment that were fair and reasonable. Additionally, the Commission examined whether the agreement was consistent with the Fair Work Act's objectives and if it appropriately balanced the interests of employers, employees, and the broader community.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was made in good faith and that it did not contain any provisions that were contrary to the public interest. The Commission also determined that the agreement provided for fair and appropriate processes for the resolution of disputes and that the minimum terms and conditions of employment were reasonable. Consequently, the Commission approved the agreement, finding that it met the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the B&D Insulation Contracting (Queens Wharf) - Union Collective Agreement 2018. This decision signifies that the agreement is now legally binding and enforceable, providing a framework for the terms and conditions of employment for the employees covered by the agreement. The approval underscores the Commission's role in ensuring that collective agreements are fair, reasonable, and in the public interest.

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