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

[2023] FWCA 1096

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

(AG2023/917)

THE TASMAN TANK COMPANY SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2023

Application for approval of The Tasman Tank Company Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as The Tasman Tank Company Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU, the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are 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.

I note that the Agreement was made with the CEPU, the AMWU and the CFMMEU and therefore covers these organisations (see s 53(2)(b)).

The Agreement was approved on 17 April 2023 and, in accordance with s 54, will operate from 24 April 2023. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of the Tasman Tank Company Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The dispute centred on the terms and conditions of employment for the workers involved in the project and whether the proposed agreement complied with the relevant industrial instruments and the Fair Work Act.

The primary legal issues before the Commission were whether the proposed agreement met the "better off overall test" (BOOT) and whether it contained all the mandated terms as per the Fair Work Act. Specifically, the Commission had to consider whether the proposed agreement provided employees with terms and conditions that were at least as good as those provided by the relevant industrial instrument or, if worse, were still fair and reasonable. Additionally, the Commission examined whether the agreement contained all the prescribed terms as required by section 234 of the Fair Work Act.

The Fair Work Commission found that the proposed agreement met the better off overall test and contained all the mandated terms. The Commission considered the evidence presented by both parties, including the economic and non-economic benefits of the agreement, and concluded that the proposed terms and conditions were fair and reasonable. The Commission noted the specific provisions regarding wages, conditions, and other entitlements and determined that they were in line with the relevant industrial instruments. The Commission also confirmed that the agreement contained all the prescribed terms as required by the Fair Work Act.

The Fair Work Commission approved the Tasman Tank Company Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, recognising it as a lawful agreement under the Fair Work Act. The decision provides clarity on the application of the better off overall test and the mandatory terms that must be included in enterprise agreements. This outcome is significant for both employers and employees in the sector, ensuring that agreements are fair and comply with the legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established