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

[2024] FWCA 3525

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

(AG2024/3690)

PROVON CONTRACTING PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 OCTOBER 2024

Application for approval of the Provon Contracting Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Provon Contracting Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 7 October 2024.

DEPUTY PRESIDENT
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 union applied to the Fair Work Commission for approval of the Provon Contracting Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The dispute centred on whether the proposed agreement met the necessary standards under the Fair Work Act 2009 for an enterprise agreement to be approved. The application was heard by the Commission, which was required to determine whether the agreement was in the best interests of the employees it covered.

The central legal issues before the Commission were whether the agreement contained the required minimum terms and conditions, whether it was fair and reasonable, and whether it was consistent with the provisions of the Fair Work Act. The Commission needed to ensure that the agreement provided employees with adequate protection and did not unfairly disadvantage them. The Commission also had to consider the submissions from both the employer and the union and any other relevant stakeholders in making its decision.

The Commission found that the agreement did meet the necessary standards under the Fair Work Act. It contained the required minimum terms and conditions, was fair and reasonable, and was consistent with the provisions of the Act. The Commission noted that the agreement provided employees with adequate protection and did not unfairly disadvantage them. The Commission also found that the agreement was in the best interests of the employees it covered and approved the agreement accordingly. The Commission made orders approving the agreement and setting out the terms and conditions that would apply to employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established