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

[2022] FWCA 2451

The attached document replaces the document previously issued with the above code on 21 July 2022.

The Agreement was previously given an incorrect name. This has been amended.

Associate to Deputy President Colman.

Dated 21 July 2022.

[2022] FWCA 2451

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

(AG2022/2314)

Lindores Personnel No.2 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JULY 2022

Application for approval of the Lindores Personnel No.2 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 Lindores Personnel No.2 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 21 July 2022 and, in accordance with s 54, will operate from 28 July 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the court's approval for the Lindores Personnel No.2 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. This agreement was entered into under section 189A of the Fair Work Act 2009, which allows employers to apply for approval of an agreement that provides for the redundancy of employees. The agreement was intended to facilitate the transfer of employees from the Lindores Personnel No.2 Pty Ltd to another entity, with the aim of continuing their employment under the new entity. The dispute was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under section 189A of the Fair Work Act 2009. The court needed to determine if the agreement was in the best interests of the employees, whether the employees had been adequately consulted, and if the agreement provided fair and reasonable terms for redundancy. The court also needed to consider if the agreement complied with the procedural requirements of the Act, including the provisions for employee consultation and the right to object to the agreement.

In assessing the application, the court considered the evidence provided by both the applicant and the objectors. The court found that the agreement was in the best interests of the employees as it provided them with the opportunity to continue their employment under the new entity. The court also found that the employees had been adequately consulted and that the agreement provided fair and reasonable terms for redundancy. Furthermore, the court determined that the agreement complied with the procedural requirements of the Act, including the provisions for employee consultation and the right to object to the agreement.

The court approved the Lindores Personnel No.2 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, finding that it met the statutory requirements for approval under section 189A of the Fair Work Act 2009. The court emphasised the importance of ensuring that employees were adequately consulted and that the agreement provided fair and reasonable terms for redundancy. The court also highlighted the importance of complying with the procedural requirements of the Act, including the right to object to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established