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

[2013] FWCA 2047

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
(AG2013/563)

O’DONNELL GRIFFIN CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the O’Donnell Griffin Caval Ridge Project Union Greenfields Agreement .

[1] An application has been made for approval of an enterprise agreement known as the O’Donnell Griffin Caval Ridge Project Union Greenfields Agreement (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 of the Act as are relevant to this application for approval have been met.

[3] On 27 March 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement

[4] Statutory declaration was provided by:

Mr K McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[5] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU 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 and that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, and Union Greenfields. The dispute centred around the approval of the O’Donnell Griffin Caval Ridge Project Union Greenfields Agreement. The matter was heard in the Fair Work Commission, an independent statutory body with jurisdiction to make binding decisions on employment and workplace relations matters in Australia.

The legal issues that the court had to decide involved whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment. This included assessing whether the agreement was appropriately negotiated and if it provided adequate protections for employees.

The Fair Work Commission found that the proposed agreement did meet the requirements for approval. The court noted that the agreement was the result of genuine negotiations between the union and Union Greenfields, and that it contained terms and conditions that were fair and reasonable. The court also found that the agreement provided adequate protections for employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. Based on these findings, the court approved the O’Donnell Griffin Caval Ridge Project Union Greenfields Agreement.

The Fair Work Commission ordered that the O’Donnell Griffin Caval Ridge Project Union Greenfields Agreement be approved and registered as a registered agreement under the Fair Work Act 2009. This decision ensures that the employees involved in the project are covered by a fair and reasonable agreement that provides for their protection and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established