DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1905)

VALUE ADDED LABOUR SERVICES PTY LTD - CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JULY 2020

Application for approval of the Value Added Labour Services Pty Ltd - Cairns Convention Centre Project Greenfields Agreement 2020.

[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 Value Added Labour Services Pty Ltd - Cairns Convention Centre Project Greenfields Agreement 2020 (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 Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. 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 Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for a Greenfields Agreement 2020 concerning the Value Added Labour Services Pty Ltd - Cairns Convention Centre Project. The union argued that the agreement would provide appropriate protections for employees in the construction sector. The respondent, Value Added Labour Services Pty Ltd, contested the application on various grounds, including that the agreement did not appropriately balance the interests of employers and employees.

The central legal issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act 2009 for being approved as a Greenfields Agreement. This included assessing if the agreement appropriately balanced the interests of employers and employees, and whether it facilitated the creation of jobs and economic activity in a manner consistent with the provisions of the Act. Additionally, the Commission had to determine if the agreement complied with the relevant industrial instruments and if it provided adequate protections for employees, including in relation to wages, conditions, and dispute resolution mechanisms.

In delivering its decision, the Commission carefully examined the terms of the proposed agreement, the submissions from both parties, and relevant legislative provisions. The Commission found that the agreement contained provisions that were consistent with the objectives of a Greenfields Agreement, including facilitating the creation of jobs and economic activity while providing appropriate protections for employees. The Commission also found that the agreement appropriately balanced the interests of employers and employees, and that it provided adequate safeguards in relation to wages, conditions, and dispute resolution. Accordingly, the Commission approved the application for the agreement to be registered as a Greenfields Agreement under the Fair Work Act 2009.

The Fair Work Commission approved the application for the Value Added Labour Services Pty Ltd - Cairns Convention Centre Project Greenfields Agreement 2020 to be registered as a Greenfields Agreement under the Fair Work Act 2009. The Commission found that the agreement met the criteria for approval, including that it balanced the interests of employers and employees and facilitated the creation of jobs and economic activity. The Commission also found that the agreement provided adequate protections for employees in relation to wages, conditions, and dispute resolution.

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