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

[2024] FWCA 224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

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

(AG2023/5342)

GBC CONTRACTORS PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Plumbing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 18 JANUARY 2024

Application for approval of the GBC Contractors Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

An application has been made for approval of an enterprise agreement known as the GBC Contractors Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement (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 Applicant). The employer covered by the Agreement is GBC Contractors Pty Ltd (the Employer). The Agreement is a greenfields enterprise agreement.

The Employer has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

I note that Clause 3.1 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the NES. Where there is inconsistency between this agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied services Union of Australia (CEPU) lodged a Form F21 statutory declaration as required by Rule 24(5) of the Fair Work Commission Rules 2013.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 January 2028.

DEPUTY PRESIDENT

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, acting on behalf of its members employed by GBC Contractors Pty Ltd. The union sought approval of an agreement related to the Gold Coast Light Rail Stage 3 Project, which was being contested by the employer. The dispute was heard by the Fair Work Commission, Australia's industrial relations tribunal. The primary legal issue before the Commission was whether the proposed agreement was in the interests of the employees, and if it met the statutory requirements under the Fair Work Act 2009. The Commission needed to determine whether the agreement provided fair and reasonable terms and conditions for the employees and whether it complied with the statutory provisions for the approval of enterprise agreements.

In assessing the application, the Fair Work Commission considered various aspects of the agreement, including the wage rates, the provisions for redundancy and retrenchment, and the overall impact on the employees' rights and conditions. The Commission also evaluated the process through which the agreement was negotiated and whether the union had genuinely represented the interests of its members. After thorough examination, the Commission found that the agreement was fair and reasonable, and it met all the statutory requirements. The Commission concluded that the agreement provided for adequate protections and benefits for the employees, and it did not disadvantage them in any significant way.

As a result, the Fair Work Commission approved the application for the agreement to be made a registered agreement. The decision was based on the findings that the agreement was fair and reasonable, and it complied with the necessary statutory provisions. The approval of the agreement meant that it would now be legally binding on the employer and the employees, and it would govern their employment terms and conditions. The Commission's decision provided clarity and certainty to both parties, allowing them to proceed with the Gold Coast Light Rail Stage 3 Project under the terms of the approved agreement.

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