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

[2022] FWCA 4029

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

(AG2022/4612)

Havendeen Roofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 NOVEMBER 2022

Application for approval of the Havendeen Roofing Pty Ltd 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 application for approval of the Havendeen Roofing Pty Ltd 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) 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, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU, the AMWU and the CFMMEU and that the Agreement covers these organisations.

The Agreement was approved on 17 November 2022 and, in accordance with s 54, will operate from 24 November 2022. 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 case concerning the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval of a proposed agreement relating to the Havendeen Roofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project at Greenfields. The court was tasked with determining whether the agreement met the necessary requirements under the relevant industrial legislation to be approved. The union argued that the agreement was fair and reasonable, while no party opposed the application but did not provide any substantive arguments against it.

The primary legal issue before the court was whether the proposed agreement was consistent with the criteria set out in the legislation for approving enterprise agreements. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Fair Work Act 2009. The court also had to consider whether the agreement had been made in good faith and without coercion.

In delivering its decision, the court examined the terms of the proposed agreement in detail, focusing on whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. The court found that the agreement met the necessary criteria and did not identify any terms that were unfair or unreasonable. Additionally, the court determined that the agreement was made in good faith and without coercion. Based on these findings, the court approved the proposed agreement.

The final orders of the court were that the Havendeen Roofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 be approved and registered under the relevant industrial legislation. The agreement was deemed to be in effect from the date of the court's decision, and the union was authorised to act on behalf of the employees covered by the agreement in relation to the implementation of the 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