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

[2024] FWCA 1086

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

(AG2024/749)

LAGWORKS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MARCH 2024

Application for approval of the Lagworks Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

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 Lagworks Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, 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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 27 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Lagworks Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The respondent, an employer, contested the application, raising several objections concerning the agreement's terms. The matter was heard in the Fair Work Commission.

The legal issues before the court were whether the terms of the agreement complied with the requirements of the Fair Work Act 2009, and if they were fair and reasonable. The court examined the specific objections raised by the employer, including concerns about certain provisions relating to employee entitlements, classification, and dispute resolution mechanisms. The union argued that the terms were necessary to address specific workplace issues and were in line with industry standards.

The court considered the evidence and arguments presented by both parties. It found that most of the provisions in question were consistent with the provisions of the Fair Work Act and industry standards. The court noted that the union had made reasonable efforts to negotiate with the employer and that the terms were necessary to address specific issues in the workplace. The court also found that the dispute resolution mechanisms were fair and reasonable. Consequently, the court approved the agreement, subject to minor modifications to address the employer's concerns.

The Fair Work Commission approved the Lagworks Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, with modifications to certain provisions to address the employer's concerns. The modifications related to employee entitlements, classification, and dispute resolution mechanisms. The union was required to provide the employer with a copy of the modified agreement within five business days of the decision. The employer was also required to provide the union with a copy of the modified agreement within the same timeframe. The union was authorised to take necessary steps to implement the agreement in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established