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

[2022] FWCA 2303

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

(AG2022/2194)

Brown & Moodie Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JULY 2022

Application for approval of the Brown & Moodie Australia 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 Brown & Moodie Australia 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 11 July 2022 and, in accordance with s 54, will operate from 18 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval for the Brown & Moodie Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The dispute arose in the Fair Work Commission, which was tasked with determining whether the proposed agreement should be approved as a new registered agreement. The union argued that the agreement was suitable for registration, while the employer raised concerns about certain provisions. The Commission had to consider whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees. The Commission had to scrutinise the terms of the agreement to ensure it did not disadvantage employees or contain provisions that were contrary to public policy. Additionally, the Commission assessed whether the agreement was the product of genuine bargaining and whether it provided adequate protections and benefits to the employees.

In reaching its decision, the Commission examined the provisions of the agreement in detail. It found that, while some aspects of the agreement required minor amendments to comply with the Fair Work Act, the overall agreement was beneficial to the employees and did not contain any provisions that were detrimental to them. The Commission concluded that the agreement was the result of genuine bargaining and that its approval would not be contrary to public policy. The Commission approved the agreement with minor modifications, ensuring that it met all legal requirements and provided fair terms for the employees.

The Fair Work Commission approved the Brown & Moodie Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, subject to the minor modifications required to meet statutory obligations. The decision underscores the importance of ensuring that enterprise agreements are fair, genuine, and compliant with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established