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

[2024] FWCA 2584

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

(AG2024/2468)

LINDORES PERSONNEL NO.2 PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JULY 2024

Application for approval of the Lindores Personnel No.2 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 Lindores Personnel No.2 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 generally in order, the employees were not provided with the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 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 s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 18 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval from the Fair Work Commission for the Lindores Personnel No.2 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The union argued that the agreement was necessary to regulate employment terms for workers involved in the construction project. The dispute arose as Lindores contested certain provisions in the agreement, raising concerns about compliance with relevant industrial laws and standards.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if the provisions in question were fair and reasonable. The Commission had to consider if the agreement provided adequate protections for employees, complied with the requirements for enterprise agreements, and balanced the interests of both employers and employees. Additionally, the Commission needed to determine if the contested provisions were necessary and justifiable within the scope of the project.

In reaching its decision, the Fair Work Commission examined the specifics of the proposed agreement and the arguments presented by both parties. The Commission found that the agreement largely met the legal standards for enterprise agreements, providing fair and reasonable terms for the employees involved. However, certain provisions contested by Lindores were deemed unnecessary or overly restrictive. The Commission made modifications to these contentious provisions, ensuring they were balanced and fair, while still protecting employee interests. Ultimately, the Commission approved the agreement with the amended provisions, ensuring compliance with industrial laws and the fair treatment of workers.

The final orders of the Commission were that the Lindores Personnel No.2 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 be approved with modifications to specific provisions as outlined in the decision. The agreement was to be registered and would come into effect from the date of the Commission’s decision, providing a framework for the employment terms of the workers involved in the project.

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