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

[2025] FWCA 264

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

(AG2024/5034)

AXIS PLUMBING QLD PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2025

Application for approval of the Axis Plumbing Qld Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of an enterprise agreement known as the Axis Plumbing Qld Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 August 2024 and the Agreement was made on 3 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Axis Plumbing Qld Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The application arose from a dispute over the terms and conditions of employment for workers involved in the construction of a correctional facility in southern Queensland. The Union argued that the proposed agreement adequately covered the workforce, while Axis Plumbing Pty Ltd contended that certain provisions did not align with statutory requirements.

The primary legal issue before the Commission was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant award or safety net award. Additionally, the Commission needed to assess whether the agreement complied with the good faith bargaining requirements and other statutory obligations.

In deliberating on these issues, the Commission carefully reviewed the provisions of the agreement against the benchmarks set by the Fair Work Act and relevant awards. The Commission found that while most provisions of the agreement were consistent with the statutory requirements, there were certain clauses that did not meet the necessary standards. After considering submissions from both parties and undertaking a detailed analysis of the agreement, the Commission determined that the agreement did not fully comply with the statutory obligations. Consequently, the application for approval was dismissed. The Commission directed the parties to resubmit a revised agreement that addresses the identified deficiencies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established