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

[2024] FWCA 3232

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

(AG2024/2567)

ADVANCED INSULATION & FABRICATIONS SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Plumbing industry
COMMISSIONER MATHESON	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Advanced Insulation & Fabrications Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of an enterprise agreement known as the Advanced Insulation & Fabrications 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

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CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement for the Advanced Insulation & Fabrications Southern Queensland Correctional Precinct Stage 2 Project. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the respondent was the employer. The matter was heard in the Fair Work Commission. The union sought approval of the agreement, which outlined terms and conditions of employment for workers involved in the project.

The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and efficient workplace relations, covered a protected action ballot, and did not include terms that were contrary to public policy or unfair. The union argued that the agreement was necessary to address specific issues in the workplace and provided for efficient and fair workplace relations. The employer raised concerns about certain provisions in the agreement, arguing that they were contrary to public policy or unfair.

The Commission examined the agreement in detail, considering both the submissions from the union and the employer. It found that the agreement provided for efficient and fair workplace relations and did not include terms that were contrary to public policy or unfair. The Commission concluded that the agreement met the criteria for approval and granted the application. The employer's concerns were addressed by specific provisions in the agreement that ensured the protection of workers' rights and interests.

The Fair Work Commission approved the Advanced Insulation & Fabrications Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The decision was based on the finding that the agreement provided for efficient and fair workplace relations and did not include terms that were contrary to public policy or unfair. The union and the employer were bound by the terms of the agreement, which provided for specific terms and conditions of employment for workers involved in the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established