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

[2022] FWCA 653

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

(AG2022/377)

Extreme Pipe Welding Pty. Ltd. t/a Engineering & Pipe Welding (EPW) (Queens Wharf) - Union Collective Agreement 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Extreme Pipe Welding Pty. Ltd. t/a Engineering & Pipe Welding (EPW) (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 an enterprise agreement known as the Extreme Pipe Welding Pty. Ltd. t/a Engineering & Pipe Welding (EPW) (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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the applicant, seeking approval of the Extreme Pipe Welding Pty. Ltd. t/a Engineering & Pipe Welding (EPW) (Queens Wharf) - Union Collective Agreement 2018. The nature of the dispute was to obtain the Fair Work Commission's approval of the collective agreement, which was to govern the employment conditions of employees within the specified enterprise.

The legal issues before the court included whether the agreement met the statutory requirements under the Fair Work Act 2009, such as whether it complied with the provisions regarding minimum entitlements and whether it was appropriately certified by the relevant union. Additionally, the court examined whether the agreement was made in good faith and whether it provided a safety net for employees. The court needed to determine if the agreement's provisions were consistent with the objectives of the Act and if they provided fair and reasonable terms for employees.

The Fair Work Commission found that the agreement complied with the statutory requirements and was appropriately certified. The Commission considered the various provisions of the agreement and concluded that they were fair and reasonable, providing a safety net for employees. The Commission noted that the agreement provided for minimum entitlements, including wages, leave entitlements, and other benefits, which were consistent with the objectives of the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and that it provided for the fair and reasonable terms of employment for the employees covered by the agreement.

As a result, the Fair Work Commission approved the Extreme Pipe Welding Pty. Ltd. t/a Engineering & Pipe Welding (EPW) (Queens Wharf) - Union Collective Agreement 2018, effective from the date of the approval. The agreement was registered with the Commission, and it will govern the employment conditions of employees within the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established