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

[2022] FWCA 655

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

(AG2022/380)

Globe Group Major Projects Pty Ltd (Queens Wharf) - Union Collective Agreement 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Globe Group Major Projects 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 the Globe Group Major Projects 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 24 February 2022 and, in accordance with s 54, will operate from 3 March 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

In the recent decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with considering an application for the approval of a union collective agreement. The agreement in question was between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Globe Group Major Projects Pty Ltd, specifically concerning the construction of the Queen's Wharf casino in Brisbane. The union sought to have the collective agreement, which detailed the terms and conditions of employment for workers involved in the project, formally approved by the Commission.

The primary legal issues before the Commission were whether the collective agreement met the requirements set out in the Fair Work Act 2009, particularly regarding the coverage and the terms and conditions it contained. The Commission had to determine if the agreement was made in good faith and whether it contained appropriate provisions for the employees, including minimum wage rates, leave entitlements, and other conditions of employment. The union argued that the agreement was comprehensive and beneficial to the workers, while the employer contended that certain provisions were overly restrictive and not in line with industry standards.

After careful consideration of the arguments presented by both parties, the Fair Work Commission determined that the collective agreement did meet the necessary criteria for approval. The Commission found that the agreement was made in good faith and that it provided appropriate protections and benefits for the employees. The terms and conditions outlined in the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the project. Consequently, the Commission approved the collective agreement, recognising it as a valid and binding instrument for the purposes of the Fair Work Act.

The final orders of the Commission were that the Globe Group Major Projects Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 be approved and registered with the Fair Work Commission. This decision ensures that the agreement will govern the employment terms and conditions of the workers involved in the construction of the Queen's Wharf casino, providing them with the protections and entitlements set out in the approved collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established