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

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Brown & Moodie Australia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 approved. The application was brought under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees working on the Queens Wharf Project, and whether the proposed agreement was fair and reasonable.

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.

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