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

[2024] FWCA 2889

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

(AG2024/2566)

A.G. COOMBS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024.

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2024

Application for approval of the A.G. Coombs 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 A.G. Coombs 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.

While the application is otherwise in order, the NERR that was provided to employees was not in the correct form. However, I consider this to be a minor procedural or technical error and disregard it. I am satisfied that the employees are not likely to have been disadvantaged by the error (see s 188(5)).

The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186 and 187 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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 6 August 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, brought an application before the Fair Work Commission for approval of the A.G. Coombs Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The dispute centred around the terms and conditions outlined in the agreement, which was proposed for the construction of a correctional facility in Southern Queensland. The applicant argued that the agreement did not adequately protect the rights and interests of the employees involved in the project, and sought amendments or rejection of the agreement on those grounds.

The Fair Work Commission was tasked with determining whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The central legal issues included whether the agreement provided fair and reasonable terms for the employees, and if it met the requirements for a single-interest employer agreement. Additionally, the Commission needed to assess whether the agreement was genuinely negotiated and if it provided adequate protections for employees' wages, conditions, and other entitlements.

In its decision, the Fair Work Commission considered the submissions from both parties and the provisions of the Fair Work Act 2009. The Commission found that while the proposed agreement contained many provisions that were fair and reasonable, certain aspects needed to be amended to better protect the employees' interests. After carefully reviewing the evidence and arguments presented, the Commission approved the agreement with modifications to specific clauses to ensure they aligned with the legislative requirements and provided adequate protections for the employees.

The final orders of the Fair Work Commission included the approval of the A.G. Coombs Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024, subject to the modifications made to certain clauses. These modifications addressed the concerns raised by the applicant and ensured that the agreement was in the best interests of the employees and complied with the Fair Work Act 2009. The Commission's decision ultimately aimed to balance the interests of both the employer and the employees while ensuring fair and reasonable terms for all parties involved.

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