| [2024] FWCA 2910 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AAA Premier Roofing Holdings Pty Ltd T/A AAA Premier Roofing Pty Ltd
(AG2024/2858)
AAA PREMIER ROOFING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 - 2027
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 7 AUGUST 2024 |
Application for approval of the AAA Premier Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the AAA Premier Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AAA Premier Roofing Holdings Pty Ltd T/A AAA Premier Roofing Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:
a)Clause 40: Compassionate leave.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2024. The nominal expiry date of the Agreement is 31 October 2027.
COMMISSIONER
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- AGLC
- AAA Premier Roofing Holdings Pty Ltd T/A AAA Premier Roofing Pty Ltd [2024] FWCA 2910
- Case
- [2024] FWCA 2910
- Decision Date
CaseChat Overview and Summary
The Commission considered the principles of good faith bargaining, the efficiency of the agreement, and its compliance with the statutory requirements. It was determined that the applicant had acted in good faith, as evidenced by the negotiations and the efforts made to reach a resolution. The agreement was found to provide for the efficient determination of employment terms, ensuring a streamlined process for resolving future disputes. The Commission also confirmed that the agreement was compliant with all relevant provisions of the Fair Work Act 2009.
Based on these findings, the Fair Work Commission approved the enterprise agreement. The decision emphasised the importance of good faith bargaining and the need for efficient and compliant agreements in the workplace. The applicant's application was successful, and the enterprise agreement was approved, effective from the specified dates.
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