Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2025] FWCA 2409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/2291)

NAVASKA CONSTRUCTION PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2025

Application for approval of the Navaska Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the Navaska Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

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 employee organisations that will be covered by the Agreement 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.

The Agreement was approved on 22 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Navaska Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, particularly regarding the protection of employees' rights and interests. This included assessing whether the agreement adequately addressed minimum entitlements, such as wages, leave, and other working conditions, and whether it adhered to the principles of good faith bargaining.

In delivering the decision, the Commission emphasised the importance of ensuring that the agreement reflected fair and reasonable terms for both the employer and the employees. The Commission found that the agreement provided for adequate minimum entitlements and that the bargaining process was conducted in good faith. Consequently, the Fair Work Commission approved the agreement, recognising it as a fair and reasonable basis for resolving employment matters between the union and the employer.

The final orders of the Commission included the approval of the Navaska Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, effective from the date of the decision. This decision underscores the importance of collective agreements in maintaining fair and balanced relationships in the workplace, while ensuring compliance with legislative standards.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established