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

[2024] FWCA 438

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

(AG2024/93)

AXIS PLUMBING QLD PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 31 JANUARY 2024

Application for approval of the Axis Plumbing Qld Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Axis Plumbing Qld 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 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 7 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 matter before the Fair Work Commission involved an application for approval of the Axis Plumbing Qld Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia as the applicant. The dispute centred around the terms and conditions of employment within the union collective agreement, specifically in relation to the Queen's Wharf Project. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under Australian labour law.

The primary legal issues addressed by the Commission included whether the collective agreement complied with the Fair Work Act 2009, particularly in terms of ensuring it did not have an adverse effect on the employees' terms and conditions of employment. The Commission also needed to consider whether the agreement adhered to the procedural fairness requirements set out in the Fair Work Regulations 2009. Additionally, the Commission examined whether the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance, which are critical for maintaining industrial peace and fairness.

In its decision, the Fair Work Commission found that the proposed collective agreement did not meet the necessary standards for approval. The Commission identified several deficiencies, including inadequate provisions for dispute resolution and insufficient protections for employee rights. Furthermore, the agreement failed to demonstrate that it would not have an adverse effect on the employees' terms and conditions of employment. Based on these findings, the Commission determined that the application for approval should be dismissed, as the agreement did not comply with the legal requirements.

The Fair Work Commission ordered that the application for approval of the Axis Plumbing Qld Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 be dismissed. The Commission emphasised the importance of ensuring that collective agreements meet the statutory standards and highlighted the need for robust dispute resolution mechanisms and adequate employee protections. This decision underscores the necessity for unions and employers to carefully draft agreements that comply with the Fair Work Act and Regulations to avoid similar outcomes in future applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established