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

[2024] FWCA 444

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

(AG2024/92)

GLOBE LABOUR SERVICE (GLOBE GROUP MAJOR PROJECTS PTY LTD) (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 31 JANUARY 2024

Application for approval of the Globe Labour Service (Globe Group Major Projects Pty Ltd) (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Globe Labour Service (Globe Group Major Projects Pty Ltd) (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 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 have 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 Globe Labour Service (Globe Group Major Projects Pty Ltd) (Queens Wharf Project) Union Collective Agreement 2022. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the agreement, which was proposed to cover employees working on the Queens Wharf Project, complied with the statutory requirements for a union collective agreement.

The legal issues before the Court included whether the agreement met the necessary standards for approval under the Fair Work Act, such as whether it provided for fair and reasonable terms and conditions, and whether it complied with the provisions relating to the protection of employee rights. Additionally, the Court considered whether the agreement was in the best interests of the employees and whether it adequately addressed their rights and conditions of employment.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all statutory requirements for approval. The Commission determined that the agreement provided for appropriate terms and conditions of employment, including pay rates, working hours, and leave entitlements, and that it did not adversely affect the rights of employees. The Commission concluded that the agreement was in the best interests of the employees and would provide them with fair and equitable treatment. The Court approved the agreement, allowing it to be registered and enforced as a binding collective agreement.

The Court ordered that the Globe Labour Service (Globe Group Major Projects Pty Ltd) (Queens Wharf Project) Union Collective Agreement 2022 be approved and registered with the Fair Work Commission. The agreement was to be effective from the date of the Court's decision, providing a legally binding framework for the employment conditions of workers involved in the Queens Wharf Project.

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