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

[2024] FWCA 515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/128)

A.C.A INSULATIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 6 FEBRUARY 2024

Application for approval of the A.C.A Insulations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the A.C.A Insulations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the A.C.A Insulations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The agreement, which was intended to govern the employment terms for workers at the Queens Wharf Project, was challenged on the grounds that it did not meet the requirements of the Fair Work Act 2009. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement was fair and reasonable, and thus eligible for approval.

The primary legal issues before the court were whether the agreement contained all the mandated terms as per the Fair Work Act, and whether it was free from any provisions that would be unfair to employees or detrimental to their rights. Additionally, the court had to consider whether the agreement had been genuinely negotiated between the employer and the union, and whether the agreement met the standard of being a "single, clear and unambiguous" document. The court needed to ascertain if the agreement provided adequate protections and benefits to the employees and if it complied with the broader industrial relations framework.

In reaching its decision, the Fair Work Commission examined the provisions of the Fair Work Act and relevant case law. The court found that the agreement included all the mandated terms and did not contain any unfair provisions. It was established that the agreement had been genuinely negotiated between the parties and was a single, clear, and unambiguous document. The commission noted that the agreement provided reasonable protections and benefits for employees, and it was consistent with the overarching industrial relations objectives. As a result, the Fair Work Commission approved the A.C.A Insulations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, finding it to be fair and reasonable in all respects.

The final orders of the court included the approval of the A.C.A Insulations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, which would now govern the employment terms for workers at the Queens Wharf Project. The agreement was deemed to be compliant with the Fair Work Act, and all parties were bound by its terms. This decision ensures that the agreement would provide a fair and reasonable framework for the employment relationship, protecting the rights of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established