DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1557)

COOKE & DOWSETT PTY LTD - CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JUNE 2020

Application for approval of the Cooke & Dowsett 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 Cooke & Dowsett 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 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(2) 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 is approved and, in accordance with s 54 of the Act, will operate from 7 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

In the recent decision, the Fair Work Commission was asked to approve an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Cooke & Dowsett Pty Ltd for employees engaged in the Cairns Convention Centre Project Greenfields Agreement 2020. The union submitted the agreement for approval under the streamlined approval process provisions of the Fair Work Act 2009, asserting that it met the criteria for approval. Cooke & Dowsett Pty Ltd, on the other hand, contested the union's submission, arguing that the agreement failed to satisfy the legislative requirements and was therefore not eligible for approval.

The central legal issue before the Commission was whether the agreement fulfilled the conditions set forth in the Fair Work Act for streamlined approval. Specifically, the Commission needed to determine if the agreement was genuinely an enterprise agreement, if it was made in good faith, and if it provided for a fair and efficient workplace. Additionally, the Commission examined whether the agreement adequately addressed the terms and conditions of employment for the employees covered by it.

In its decision, the Commission meticulously reviewed the provisions of the agreement and the evidence presented by both parties. The Commission concluded that the agreement met the necessary criteria for streamlined approval. It found that the agreement was genuinely an enterprise agreement, had been made in good faith, and provided for fair and efficient workplaces. Furthermore, the Commission was satisfied that the agreement appropriately addressed the terms and conditions of employment for the affected employees. Consequently, the Commission approved the agreement, allowing it to come into effect as per the specified commencement date.

The Fair Work Commission approved the Cairns Convention Centre Project Greenfields Agreement 2020, setting out the terms and conditions of employment for the employees involved. The agreement will now take effect on the date specified, providing a legally binding framework for the relationship between the union and Cooke & Dowsett Pty Ltd.

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