DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/3161)

ELLIS AIR CONDITIONING (QLD) PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 23 SEPTEMBER 2019

Application for approval of the Ellis Air Conditioning (QLD) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ellis Air Conditioning (QLD) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval for the Ellis Air Conditioning (QLD) Pty Ltd (Queens Wharf) Union Collective Agreement 2018. The dispute arose from the application process under the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The central legal issues before the Commission involved whether the application met the requirements of the Fair Work Act, including whether the agreement provided for the fair treatment of employees, and if it complied with the Act’s provisions. The Commission had to consider whether the agreement appropriately balanced the interests of the employer and the employees, including provisions related to wages, conditions, dispute resolution, and other terms and conditions of employment.

The Fair Work Commission found that the agreement did not adequately address several critical issues required under the Act, particularly in relation to the proper treatment of employees. The Commission noted that certain provisions in the agreement were not sufficiently clear or comprehensive, and did not provide the necessary protections for employees. As a result, the Commission decided that the agreement did not meet the requirements for approval under the Fair Work Act. The Commission rejected the application for approval of the collective agreement.

The Fair Work Commission’s final order was that the application for approval of the Ellis Air Conditioning (QLD) Pty Ltd (Queens Wharf) Union Collective Agreement 2018 be dismissed. The Commission directed that the agreement not be approved under the Fair Work Act, citing deficiencies in its compliance with the Act’s provisions.

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