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

[2022] FWCA 2363

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

(AG2022/2302)

Globe Group Major Projects Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JULY 2022

Application for approval of the Globe Group Major Projects 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 an enterprise agreement known as the Globe Group Major Projects 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 14 July 2022 and, in accordance with s 54, will operate from 21 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 matter before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Globe Group Major Projects Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The union sought to have the agreement approved as a safety net agreement under the Fair Work Act 2009. The legal issues before the court were whether the agreement met the criteria for approval as a safety net agreement, and whether the process for approving the agreement was conducted fairly and in accordance with the law.

The court found that the agreement met the criteria for approval as a safety net agreement, and that the process for approving the agreement was conducted fairly and in accordance with the law. The union had demonstrated that the agreement would provide improved terms and conditions for employees in the construction industry, and that it would not have an adverse effect on the employees' ability to bargain collectively. The court also found that the process for approving the agreement was conducted fairly, with appropriate notice given to relevant parties and an opportunity to make submissions.

In light of the above findings, the court approved the Globe Group Major Projects Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 as a safety net agreement. The court noted that the agreement would provide improved terms and conditions for employees in the construction industry, and that it would not have an adverse effect on the employees' ability to bargain collectively. The court also noted that the process for approving the agreement was conducted fairly, with appropriate notice given to relevant parties and an opportunity to make submissions.

The court ordered that the Globe Group Major Projects Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 be approved as a safety net agreement under the Fair Work Act 2009. The agreement will now apply to employees working on the Southern Queensland Correctional Precinct Stage 2 Project, providing them with improved terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established