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

[2024] FWCA 3235

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

(AG2024/2568)

GLOBE LABOUR SERVICE (GLOBE GROUP MAJOR PROJECTS PTY LTD) SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Plumbing industry
COMMISSIONER MATHESON	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Globe Labour Service (Globe Group Major Projects 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 Globe Labour Service (Globe Group Major Projects Pty Ltd) Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the Agreement was made. The Applicant made submissions addressing this. Pursuant to s.185(3)(b) of the Act, in all the circumstances and having considered the submissions of the Applicant, I consider it fair to extend the time for making the application to the date it was made and grant the extension until that date.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) sought approval of the Globe Labour Service (Globe Group Major Projects Pty Ltd) Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The dispute centred around the terms of the agreement which pertained to the employment of workers on the Southern Queensland Correctional Precinct Stage 2 Project. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "single interest employer agreement." The Commission needed to assess if the agreement genuinely represented the interests of the employer, Globe Group Major Projects Pty Ltd, and if it contained all the required terms and conditions as stipulated by the Act. The applicant argued that the agreement did not adequately represent the employer's interests and failed to include certain required terms.

The Fair Work Commission carefully examined the provisions of the agreement and the arguments presented by both parties. The Commission concluded that the agreement was a single interest employer agreement that met the necessary requirements under the Act. It found that the agreement appropriately represented the employer's interests and included all the required terms and conditions. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Globe Labour Service (Globe Group Major Projects Pty Ltd) Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024, finding it to be a single interest employer agreement that complied with the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for workers on the project are governed by the approved agreement.

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