| [2024] FWCA 417 |
| 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
(AG2024/109)
BROWN & MOODIE AUSTRALIA PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 31 JANUARY 2024 |
Application for approval of the Brown & Moodie Australia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022
An application has been made for approval of an enterprise agreement known as the Brown & Moodie Australia 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 7 February 2024. The nominal expiry date of the Agreement is 1 November 2026.
COMMISSIONER
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Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 417
- Case
- [2024] FWCA 417
- Decision Date
CaseChat Overview and Summary
The key legal issues the Commission had to determine were whether the agreement complied with the requirements of the Fair Work Act, including provisions relating to the terms of employment, industrial action, and dispute resolution. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.
In its decision, the Commission found that the proposed agreement was compliant with the Fair Work Act. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable. The Commission also found that the agreement provided for adequate dispute resolution mechanisms and that it was in the best interests of the employees. The Commission concluded that the agreement should be approved as it met the requirements of the Act and provided for fair and reasonable terms and conditions of employment.
The Fair Work Commission approved the Brown & Moodie Australia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The Commission's decision provides guidance on the types of provisions that are acceptable in a union collective agreement and sets a benchmark for future agreements in the industry.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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