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

[2022] FWCA 3172

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

(AG2022/3710)

Eadie & Co Building Pty Ltd t/a Adroit Insulations and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 SEPTEMBER 2022

Application for approval of the Eadie & Co Building Pty Ltd t/a Adroit Insulations and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024

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 Eadie & Co Building Pty Ltd t/a Adroit Insulations and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024 (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 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, 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 and that the Agreement covers this organisation.

The Agreement was approved on 13 September 2022 and, in accordance with s 54, will operate from 20 September 2022. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of a collective agreement between the union and Eadie & Co Building Pty Ltd trading as Adroit Insulations, specifically for the CEPU Plumbing Division Lagging. The application was heard in the Fair Work Commission, an Australian industrial relations tribunal with the power to approve, modify or reject collective agreements. The union sought approval for the agreement, which outlined terms and conditions of employment for its members working in the lagging division of the respondent company.

The primary legal issue for the court was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The court had to consider whether the agreement provided for the proper management of the workplace, was free from any provisions that were contrary to public policy, and contained minimum terms and conditions of employment as required by the Act. Furthermore, the court needed to ensure that the agreement had been made in good faith and the union had genuinely consulted with its members.

The court determined that the agreement was consistent with the statutory requirements. The agreement provided for proper management of the workplace and did not contain any provisions contrary to public policy. It also included the mandated minimum terms and conditions of employment. The court found that the union had genuinely consulted with its members and that the agreement had been made in good faith. As such, the court approved the collective agreement, noting that it would be registered and would have effect from the date of the decision.

In approving the collective agreement, the Fair Work Commission mandated that it would be registered and effective from the date of the decision. This meant that the terms and conditions outlined in the agreement would govern the employment of union members in the lagging division of Eadie & Co Building Pty Ltd, providing a legally binding framework for the relationship between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established