DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2820)

CC P & D PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2020

Application for approval of the CC P & D Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of a greenfields agreement known as the CC P & D 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)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 13 October 2020 and, in accordance with s 54, will operate from 20 October 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the CC P & D Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The application was made under section 234 of the Fair Work Act 2009. The dispute arose between the union and CC P & D Pty Ltd regarding the terms and conditions of employment for employees at Queens Wharf.

The legal issues before the Commission were whether the proposed collective agreement met the statutory requirements for approval, including whether it provided for a fair and efficient workplace, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the public interest and if it provided for a safety net for employees. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

In making its decision, the Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act. The Commission found that the proposed agreement was in the public interest and provided for a safety net for employees. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment and did not undermine the ability of employees to resolve workplace issues through enterprise bargaining. The Commission approved the application and registered the collective agreement.

The Fair Work Commission approved the application and registered the CC P & D Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The Commission found that the agreement met the statutory requirements for approval and provided for a fair and efficient workplace. The Commission also found that the agreement was in the public interest and provided for a safety net for employees. The Commission approved the application and registered the collective agreement, which will now apply to employees at Queens Wharf.

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