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

[2024] FWCA 2771

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

(AG2024/2690)

GIIDJAA PROJECTS PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 29 JULY 2024

Application for approval of the GIIDJAA Projects Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025

An application has been made for approval of a greenfields agreement known as the GIIDJAA Projects Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 August 2024. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the GIIDJAA Projects Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the court's endorsement of this agreement which outlined the terms and conditions of employment for workers in the construction industry within New South Wales and the Australian Capital Territory. The dispute arose as the agreement needed formal approval under the Fair Work Act 2009 to ensure its validity and enforceability.

The central legal issues before the court were whether the agreement met the necessary criteria for approval under the Fair Work Act, specifically whether it provided for a fair and efficient workplace, ensured the protection of workers' rights, and complied with all statutory requirements. The court needed to consider whether the agreement had been genuinely negotiated and if it provided appropriate mechanisms for resolving disputes and ensuring fair treatment of employees. Additionally, the court examined whether the agreement appropriately balanced the interests of both employers and employees.

The court meticulously reviewed the agreement, taking into account the statutory requirements and relevant precedents. It found that the agreement was genuinely negotiated and provided for fair and efficient workplaces, adequately protecting the rights of employees. The agreement included provisions for dispute resolution, workplace safety, and fair treatment, aligning with the principles of the Fair Work Act. The court was satisfied that the agreement complied with all legislative requirements and provided a balanced approach to the interests of both parties involved. Consequently, the court approved the GIIDJAA Projects Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025.

In light of the findings, the court approved the agreement, ensuring its enforceability and validity for the specified period. The approval signified that the terms and conditions outlined in the agreement were fair and appropriate for the construction industry within the jurisdictions of New South Wales and the Australian Capital Territory. The decision provided certainty and stability for both employers and employees, facilitating a harmonious working environment.

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