DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2266)

BROWN & MOODIE AUSTRALIA PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 AUGUST 2020

Application for approval of the Brown & Moodie Australia 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 Brown & Moodie Australia 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 26 August 2020 and, in accordance with s 54, will operate from 2 September 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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 approval of the Brown & Moodie Australia Pty Ltd (Queens Wharf) Union Collective Agreement 2018. The application arose from negotiations between the Union and the employer concerning employment conditions for union members within the company. The Commission was tasked with determining whether the agreement met the statutory criteria for approval and endorsement under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement was genuinely negotiated, if it provided adequate protections for employees, and whether it complied with relevant provisions of the Act. The Union argued that the agreement fairly reflected the terms negotiated between the parties, while the employer contended that certain provisions did not adequately protect its business interests. The Commission had to carefully review the content of the agreement and assess its compliance with the legislative framework.

After thorough consideration, the Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The provisions of the agreement were deemed to provide appropriate protections for employees, and the Commission was satisfied that it did not undermine the employer's business interests in an unreasonable manner. Consequently, the application for approval was granted, and the agreement was endorsed under the Act. The decision underscores the importance of balancing the interests of both employers and employees in collective bargaining processes.

The final orders of the Commission included the approval and endorsement of the Brown & Moodie Australia Pty Ltd (Queens Wharf) Union Collective Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of union members within the company. This decision provides clarity on the criteria for approving union collective agreements and reinforces the principles of fair and genuine collective bargaining.

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