DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1896)

CENTREPOINT CONTRACTING PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 15 JULY 2019

Application for approval of the Centrepoint Contracting Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Centrepoint Contracting 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 22 July 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

The applicant union, representing employees in the construction industry, sought approval of a collective agreement with Centrepoint Contracting Pty Ltd, in relation to construction work at Queens Wharf. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it contained all the mandated minimum terms and conditions and whether it was in the best interests of the employees.

The Commission examined the agreement to determine if it contained the ten mandated minimum terms and conditions. It found that the agreement did include these terms, and further, that it provided for certain benefits that went beyond the mandated minimums. In assessing whether the agreement was in the best interests of the employees, the Commission considered the views of the employees, the bargaining power of the parties, and the overall fairness of the agreement. Ultimately, the Commission was satisfied that the agreement was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the Centrepoint Contracting Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The decision underscores the importance of ensuring that collective agreements not only meet the statutory minimum requirements but also genuinely reflect the interests and needs of the employees they cover.

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