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

[2022] FWCA 4023

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

(AG2022/4609)

2119 Services 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 2119 Services 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 an application for approval of the 2119 Services 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

The case involved an application for the approval of the 2119 Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute arose from the union's dissatisfaction with the proposed terms and conditions of the agreement, which they believed did not adequately protect the rights and interests of their members. The matter was brought before the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the court centred on whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the protections afforded to employees. The union argued that the agreement did not provide sufficient safeguards for their members' working conditions, entitlements, and protections against unfair dismissal. The employer, on the other hand, maintained that the agreement was fair and reasonable, and provided adequate protections for the employees.

In its decision, the Fair Work Commission found that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The court held that the agreement failed to provide adequate protections for employees in relation to their working conditions, entitlements, and protections against unfair dismissal. The commission found that the agreement did not adequately address the union's concerns and that the employer had not demonstrated that the agreement was in the best interests of the employees. Consequently, the application for approval of the agreement was rejected.

The Fair Work Commission ordered that the proposed agreement be returned to the parties for further negotiation and revision. The court emphasised the importance of ensuring that any agreement reached adequately protects the rights and interests of employees, and that the parties must engage in good faith negotiations to reach an agreement that meets the requirements of the Fair Work Act 2009. The decision serves as a reminder to employers and unions of the need to prioritise the interests of employees in any industrial 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