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

[2022] FWCA 1651

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

(AG2022/1457)

Advanced Insulation & Fabrications Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MAY 2022

Application for approval of the Advanced Insulation & Fabrications 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 Advanced Insulation & Fabrications 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 19 May 2022 and, in accordance with s 54, will operate from 26 May 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 union, representing workers in the communications, electrical, electronic, energy, information, postal, plumbing and allied services industries, sought approval of the Advanced Insulation & Fabrications Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The agreement was made under the Fair Work Act 2009 to apply to employees of Advanced Insulation & Fabrications Pty Ltd. The Fair Work Commission heard the application, with the employer opposing the application on the basis that the agreement did not meet the requirements of section 235 of the Act.

The central issue for the Commission to determine was whether the agreement met the criteria set out in section 235 of the Act. This involved assessing whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, whether it contained the required terms and conditions, and whether it complied with the procedural requirements for approval. The employer argued that the agreement failed to meet these criteria.

The Commission found that the agreement met the requirements of section 235 of the Act. The agreement provided for a fair and reasonable method of determining wages and other conditions of employment, including a 12-month wage increase and provisions for shift differentials, allowances, and penalty rates. The agreement also contained the required terms and conditions, including provisions for leave, redundancy, and dispute resolution. The Commission noted that the agreement had been negotiated in good faith and that the employer had not raised any procedural concerns. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Advanced Insulation & Fabrications Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The agreement is now registered under the Fair Work Act 2009 and applies to employees of Advanced Insulation & Fabrications Pty Ltd. The employer is bound by the terms of the agreement, and employees are entitled to the benefits and protections provided for in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established