DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2076)

SYFON SYSTEMS PLY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 AUGUST 2020

Application for approval of the Syfon Systems Ply Ltd (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 Syfon Systems Ply 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 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] 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 the Agreement was made with the CEPU, the AMWU and the CFMMEU and that pursuant to s 53(2)(b) of the Act, the Agreement covers these organisations.

[5] The Agreement was approved on 13 August 2020 and, in accordance with s 54, will operate from 20 August 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 for the approval of the Syfon Systems Ply Ltd (Queens Wharf) – Union Collective Agreement 2018. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for registration, including its compliance with the relevant provisions of the Act and the Fair Work Regulations 2009.

The central legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained all the necessary terms and conditions. Specifically, the Commission needed to determine whether the agreement had been genuinely negotiated between the employer and the union, and whether it contained all the required minimum terms as stipulated by the Act. Additionally, the Commission had to assess whether the agreement was consistent with the broader objectives of the Act, including promoting harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Fair Work Commission carefully examined the evidence provided by the parties and considered the provisions of the Act and the regulations. The Commission found that the agreement had been genuinely negotiated between the parties and contained all the required minimum terms. It also found that the agreement was consistent with the broader objectives of the Act. Consequently, the Commission approved the agreement as a registered agreement, noting that it provided for fair and reasonable terms and conditions of employment that would promote harmonious, productive, and cooperative workplace relations.

The Commission's approval of the agreement as a registered agreement means that it will now be enforceable under the Fair Work Act. This decision provides certainty for both the employer and the employees covered by the agreement, ensuring that their rights and obligations are clearly defined and protected.

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