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

[2024] FWCA 3246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/2570)

2119 SERVICES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the 2119 Services 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 2119 Services 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

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the 2119 Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The application was made under the Fair Work Act 2009, and the dispute centred around whether the proposed enterprise agreement provided fair and reasonable terms for the employees involved in the specified project. The Commission was tasked with assessing the agreement against various legal criteria, including its fairness and its compliance with relevant industrial laws and standards.

The legal issues the Commission needed to address included whether the proposed agreement met the "better off overall test" (BOOT) and whether it contained provisions that were fair and reasonable in all respects. The Commission also had to determine if the agreement adequately covered essential terms such as wages, hours of work, and other conditions of employment, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission considered whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In its decision, the Commission found that the proposed agreement met the BOOT and was fair and reasonable in all respects. The Commission noted that the agreement provided for competitive wages and conditions, and included provisions for dispute resolution that were deemed adequate. The agreement was also found to promote harmonious workplace relations and was in line with relevant industrial standards. Consequently, the Commission approved the application and the agreement was registered under the Fair Work Act. The final orders confirmed the registration of the agreement, which would now govern the employment terms for the employees involved in the Southern Queensland Correctional Precinct Stage 2 Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established