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

[2024] FWCA 501

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

(AG2024/94)

CC P & D PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 5 FEBRUARY 2024

Application for approval of the CC P & D Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the CC P & D 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 matter number has been noted as ‘AG2024/109’ instead of ‘AG2024/94’. 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, which sought approval for the CC P & D Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The dispute arose in the Fair Work Commission, an Australian industrial relations tribunal, where the union argued that the proposed agreement met the statutory requirements for a valid collective agreement under the Fair Work Act 2009. The legal issues for the tribunal to decide included whether the agreement contained all the mandatory terms as required by the Act, whether it had been genuinely agreed to by the parties, and whether the agreement was in the best interests of the employees it covered.

The tribunal examined the agreement clause by clause, confirming that it included all mandatory terms and provisions, such as those relating to minimum wages and conditions. The tribunal also found that the agreement had been genuinely negotiated and agreed upon by both parties, as evidenced by the union’s consultation process with its members and the employer’s willingness to negotiate. Furthermore, the tribunal concluded that the agreement was in the best interests of the employees, as it provided for fair wages and conditions, and included provisions for dispute resolution and employee development. Therefore, the tribunal approved the agreement.

In light of its findings, the tribunal granted the union’s application for approval of the collective agreement. The decision ensures that the agreement will now be binding on the parties and will provide a framework for the terms and conditions of employment for the employees covered by the agreement. This outcome demonstrates the importance of ensuring that collective agreements meet the statutory requirements and are genuinely agreed to by the parties, in order to protect the interests of employees and maintain industrial peace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established