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

[2024] FWCA 3229

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

(AG2024/2565)

BROWN & MOODIE AUSTRALIA PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Plumbing industry
COMMISSIONER MATHESON	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Brown & Moodie Australia 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 Brown & Moodie Australia 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 employer covered by the Agreement is Brown & Moodie Australia Pty Ltd (Employer).

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for approval of the Brown & Moodie Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The agreement in question pertains to the employment conditions of workers involved in the Southern Queensland Correctional Precinct Stage 2 Project. The dispute centred on whether the proposed agreement complied with the provisions of the Fair Work Act 2009, specifically regarding the procedural fairness and the substantive fairness of the terms and conditions set out in the agreement.

The primary legal issue for the Commission was to determine whether the agreement met the necessary standards under the Fair Work Act, particularly in relation to the procedural fairness in the process of its formation and the substantive fairness of its terms. The Commission had to consider whether the agreement was genuinely negotiated between the employer and the union, and whether the terms were fair and reasonable in all aspects. This included an analysis of the agreement's compliance with minimum wage rates, the balance of rights and obligations, and other relevant factors.

In examining the evidence, the Commission found that the agreement was negotiated in good faith and that the process adhered to procedural fairness requirements. The terms of the agreement were also deemed to be fair and reasonable, taking into account the specific nature of the work involved in the project. The Commission concluded that the agreement did not undermine the rights of employees and was in line with the principles of the Fair Work Act. As a result, the application for approval was successful, and the agreement was approved under the Act. The Fair Work Commission's decision ensures that the workers involved in the Southern Queensland Correctional Precinct Stage 2 Project will be governed by the terms of 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