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

[2024] FWCA 1082

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

(AG2024/745)

ELLIS AIR CONDITIONING (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MARCH 2024

Application for approval of the Ellis Air Conditioning (Qld) 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 Ellis Air Conditioning (Qld) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the CEPU and the AMWU.

The Agreement was approved on 27 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a union collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ellis Air Conditioning (Qld) Pty Ltd, pertaining to the Queen's Wharf Project. The Fair Work Commission was tasked with reviewing and approving the agreement. The union sought to ensure that the terms and conditions outlined in the agreement would be upheld by the employer, while the employer aimed to ensure that the agreement would not impose unreasonable constraints on their operations.

The primary legal issues before the court were whether the collective agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether the agreement was in the best interests of the employees involved. The court needed to consider various factors, including whether the agreement provided for fair and reasonable terms and conditions, whether it was consistent with the principles of the Fair Work Act, and whether it was likely to result in improved outcomes for the employees.

The court, after careful consideration of the evidence and arguments presented by both parties, found that the collective agreement was largely compliant with the Fair Work Act and Regulations. The court acknowledged that the agreement contained provisions that were in the best interests of the employees, such as provisions for fair wages, reasonable working hours, and appropriate leave entitlements. The court also found that the agreement did not impose any unreasonable constraints on the employer's operations. Based on these findings, the court approved the collective agreement, recognising its potential to bring about improved outcomes for the employees involved.

The final orders of the court were to approve the Ellis Air Conditioning (Qld) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, subject to the terms and conditions set out in the agreement. The court emphasised the importance of both parties adhering to the agreed terms and conditions, and it encouraged ongoing dialogue and cooperation to ensure the successful implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established