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

[2021] FWCA 7153

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
(AG2021/8590)

PARAGON PLUMBING (QLD) PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Paragon Plumbing (Qld) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018

[1] 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 Paragon Plumbing (Qld) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] 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.

[4] The Agreement was approved on 16 December 2021 and, in accordance with s 54, will operate from 23 December 2021. 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 matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Paragon Plumbing (Qld) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 approved. The respondent, Paragon Plumbing (Qld) Pty Ltd, did not contest the application but raised concerns regarding certain aspects of the agreement. The application was heard in the Fair Work Commission, which is the relevant authority for such matters under Australian industrial relations law.

The primary legal issue before the court was whether the proposed collective agreement met the necessary criteria for approval under the Fair Work Act 2009. The court needed to assess whether the agreement complied with the provisions of the Act and whether it was made in good faith and without coercion. Specifically, the court examined whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it adhered to the principles of industrial relations law designed to promote harmonious workplace relations.

The court found that the collective agreement largely met the criteria for approval. It determined that the terms of the agreement were fair and reasonable and that it was made in good faith. The court noted that while some provisions were subject to minor concerns, they did not undermine the overall fairness of the agreement. The court was satisfied that the agreement would not lead to any significant detriment to employees and would promote harmonious workplace relations. Consequently, the court approved the application for the collective agreement to be registered.

The Fair Work Commission approved the Paragon Plumbing (Qld) Pty Ltd (Queens Wharf) - Union Collective Agreement 2018, subject to the minor modifications identified during the hearing. The decision confirmed that the agreement would be registered and would apply to the employees covered by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established