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

[2022] FWCA 2375

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

(AG2022/2239)

Tank Vision Pty Ltd (Queens Wharf) - Union Collective Agreement 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JULY 2022

Application for approval of the Tank Vision Pty Ltd (Queens Wharf) - Union Collective Agreement 2018

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 Tank Vision Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (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 and the Australian Manufacturing Workers' Union (AMWU) 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 and the AMWU and that the Agreement covers these organisations.

The Agreement was approved on 15 July 2022 and, in accordance with s 54, will operate from 22 July 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, seeking approval for the Tank Vision Pty Ltd (Queens Wharf) Union Collective Agreement 2018. The dispute centred on whether the agreement, which had been negotiated between the union and the employer, met the legal standards required for approval under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner Wilson, was tasked with determining the validity of the agreement.

The primary legal issues the Commission had to resolve were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of ensuring it was free from any improper conduct, and whether it met the minimum standards for fair and reasonable terms. The Commission also had to consider whether the agreement adequately covered the necessary bargaining matters and whether it contained any provisions that were inconsistent with the Act or broader labour laws.

After a thorough examination of the evidence and submissions from both parties, the Fair Work Commission determined that the Tank Vision Pty Ltd (Queens Wharf) Union Collective Agreement 2018 was compliant with the Fair Work Act. The Commission found that the agreement was negotiated in good faith and did not contain any provisions that were contrary to the Act. Furthermore, the agreement was found to adequately cover the required bargaining matters and provided fair and reasonable terms for the employees. Consequently, the Commission approved the agreement, affirming its validity under the labour legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established