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

[2024] FWCA 508

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

(AG2024/111)

PREMIER FIRE PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 5 FEBRUARY 2024

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

An application has been made for approval of an enterprise agreement known as the Premier Fire 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. The undertakings contain a minor error where the title of the Agreement incorrectly ends in ‘2018’ instead of ‘2022’. 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 12 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEIAPEPPUA) who sought approval of a collective agreement with Premier Fire Pty Ltd for the Queen's Wharf Project. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its conformity with the relevant minimum standards and if it was fairly negotiated. The court had to determine if the agreement met the criteria for approval as stipulated by the legislation.

The legal issues that the court needed to address included whether the agreement adequately covered the terms and conditions of employment for the workers involved and if it provided for a fair and effective process for resolving disputes. Additionally, the court had to assess whether the agreement was negotiated in good faith and if it included provisions that were necessary for the protection of workers' rights. The court also needed to consider if the agreement adhered to the relevant provisions of the Fair Work Act and if it was consistent with the principles of industrial relations law.

The Fair Work Commission carefully reviewed the agreement and considered the submissions from both parties. The court found that the agreement contained provisions that were consistent with the minimum standards set out in the Fair Work Act and that it provided for an effective process for resolving disputes. The commission determined that the agreement was negotiated in good faith and that it contained necessary protections for the workers. The court concluded that the agreement met the requirements for approval and granted the application for approval of the collective agreement. The decision was based on a comprehensive analysis of the agreement's provisions and the evidence provided by both parties.

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