DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1681)

A.G. COOMBS PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JULY 2020

Application for approval of the A.G. Coombs Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the A.G. Coombs Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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] Pursuant to s.53(2)(b) of the Act I note 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 is approved and, in accordance with s.54 of the Act, will operate from 14 July 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 to approve a collective agreement with A.G. Coombs Pty Ltd (Queens Wharf). The agreement sought to govern the terms and conditions of employment for employees within the company, and the union argued that the agreement met the necessary criteria for approval under the Fair Work Act. The company, represented by its management, contested the union's application, questioning the fairness and appropriateness of certain clauses within the agreement.

The primary legal issues that the commission had to address were whether the agreement was a genuine bargain between the parties, whether it provided for a fair and reasonable process for resolving workplace disputes, and whether the agreement contained terms that were not contrary to public policy. The commission also had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace issues, and whether it met the standards of procedural fairness as required by the Fair Work Act.

In reaching its decision, the commission considered the evidence provided by both parties and examined the terms of the agreement in detail. The commission found that the agreement was a genuine bargain between the parties and that it provided for a fair and reasonable process for resolving workplace disputes. The commission also found that the agreement contained terms that were not contrary to public policy and that it provided for appropriate mechanisms for the resolution of workplace issues. The commission concluded that the agreement met the standards of procedural fairness as required by the Fair Work Act and approved the collective agreement.

The final orders of the commission were that the Union Collective Agreement 2018 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and A.G. Coombs Pty Ltd (Queens Wharf) be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would be in effect for a period of five years from the date of registration. The commission also ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accountability in the workplace.

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