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

[2021] FWCA 7130

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
(AG2021/8591)

TANK SERVICES PTY LTD T/A THE TASMAN TANK CO (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 DECEMBER 2021

Application for approval of the Tank Services Pty Ltd t/a The Tasman Tank Co (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 Tank Services Pty Ltd t/a The Tasman Tank Co (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 15 December 2021 and, in accordance with s 54, will operate from 22 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 dispute involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Tank Services Pty Ltd t/a The Tasman Tank Co. The union sought approval of the 2018 Union Collective Agreement from the Fair Work Commission, which had been certified by the Australian Building and Construction Commission. The application was heard in the Commission's Melbourne Registry.

The primary legal issue before the Commission was whether the provisions of the agreement were consistent with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were overly restrictive and not in line with the statutory requirements.

In assessing the agreement, the Commission considered the statutory provisions and the context of the agreement. The Commission found that the provisions in question were necessary to ensure that the agreement was fair and reasonable. The employer's concerns about the enforceability of certain provisions were addressed by the Commission, which held that the provisions were not overly restrictive and were consistent with the statutory requirements. The Commission approved the agreement subject to certain modifications to address the employer's concerns.

The Fair Work Commission approved the application for the 2018 Union Collective Agreement, subject to modifications. The modifications included changes to certain provisions to address the employer's concerns about enforceability. The employer was required to implement the modified agreement within 28 days of the decision.

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