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

[2022] FWCA 1710

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

(AG2022/1458)

Advanced Insulation & Fabrications (Queens Wharf) - Union Collective Agreement 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2022

Application for approval of the Advanced Insulation & Fabrications (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 the Advanced Insulation & Fabrications (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 24 May 2022 and, in accordance with s 54, will operate from 31 May 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 applicant union brought a proceeding in the Fair Work Commission seeking approval of a proposed collective agreement. The agreement was intended to be made under section 234 of the Fair Work Act 2009. The agreement was for workers employed by Advanced Insulation & Fabrications (Queens Wharf) Pty Ltd. The union argued that the agreement was suitable for registration and approval under the Act. The respondent employer opposed the application, asserting that the agreement was not suitable for registration and approval.

The primary legal issue before the court was whether the agreement met the criteria for registration and approval under section 234 of the Fair Work Act 2009. The court examined the provisions of the Act and the principles of good faith bargaining and industrial democracy to determine if the agreement met the statutory requirements. The court also considered the arguments of the parties and relevant case law.

The court found that the agreement did not meet the criteria for registration and approval under the Act. The court was concerned that the agreement did not adequately address the issue of minimum rates of pay for workers, which was a key bargaining issue between the parties. The court held that the agreement was not suitable for registration and approval as it did not provide for a fair and reasonable resolution of the key bargaining issue. The court rejected the union's application for approval of the agreement.

No further orders were sought or made by either party. The decision of the court stands as the final outcome of the proceeding.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established