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

[2023] FWCA 957

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

(AG2023/659)

APPLICATION FOR APPROVAL OF THE R MCFADYEN PIPELINE CONSTRUCTIONS TRUST T/A R MCFADYEN PIPELINE CONSTRUCTIONS PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 31 MARCH 2023

Application for approval of the R McFadyen Pipeline Constructions Trust T/A R McFadyen Pipeline Constructions Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

An application has been made for approval of an enterprise agreement known as the Application for approval of the R McFadyen Pipeline Constructions Trust T/A R McFadyen Pipeline Constructions 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 / CEPU).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU is 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and that the Agreement covers these organisations.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement for the Gold Coast Light Rail Stage 3 Project. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for an agreement entered into with R McFadyen Pipeline Constructions Trust, trading as R McFadyen Pipeline Constructions Pty Ltd. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the coverage and provisions of the agreement.

The Commission considered several legal issues, including whether the agreement was a single, indivisible document and whether it met the criteria for being a simple, fair, and efficient enterprise agreement. The applicant argued that the agreement was necessary to ensure fair and equitable terms for the employees involved in the project. The Commission had to determine whether the agreement provided for the protection of employees' rights and interests and if it met the statutory requirements for approval.

After examining the agreement and the submissions from both parties, the Commission concluded that the application for approval was not in the public interest. The decision was based on concerns that the agreement did not sufficiently protect employees' rights and interests, particularly regarding pay rates and conditions. The Commission found that the agreement did not meet the criteria for being a simple, fair, and efficient enterprise agreement as required by the Fair Work Act. Consequently, the application for approval was dismissed.

The Commission's decision was based on a detailed analysis of the agreement's provisions and their implications for the employees involved in the Gold Coast Light Rail Stage 3 Project. The applicant was directed to provide a revised agreement that addressed the concerns raised by the Commission, particularly in relation to the protection of employees' rights and interests. The Commission emphasised the importance of ensuring that enterprise agreements meet the statutory requirements for approval and provide for fair and equitable terms for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established