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

[2021] FWCA 6202

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
(AG2021/7663)

5656 INDUSTRIES PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 OCTOBER 2021

Application for approval of the 5656 Industries Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022

[1] An application has been made for approval of an enterprise agreement to be known as the 5656 Industries Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by 5656 Industries Pty Ltd (Employer). The Agreement is a greenfields agreement.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied to the Fair Work Commission (the Commission) for approval of the 5656 Industries Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022 (the Agreement). The employer, 5656 Industries Pty Ltd, did not oppose the application. The dispute involved the terms and conditions of employment for employees covered by the Agreement, specifically in relation to the classification and pay rates for certain tradespersons.

The Commission was required to consider whether the Agreement complied with the Fair Work Act 2009 (the Act), including the provisions regarding the process for approving collective agreements and the criteria for assessing whether an agreement is in the public interest. The Union argued that the Agreement was fair and reasonable, and in the public interest, as it provided for appropriate pay rates and conditions for the employees covered by the Agreement.

The Commission found that the Agreement was in compliance with the Act and the relevant criteria. The Commission noted that the Agreement provided for fair and reasonable terms and conditions for the employees covered by the Agreement, and that it was in the public interest as it provided for appropriate pay rates and conditions for the tradespersons. The Commission also found that the process for approving the Agreement had been followed correctly, and that there were no procedural irregularities. As a result, the Commission approved the Agreement.

The Fair Work Commission approved the 5656 Industries Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022. The Commission found that the Agreement was fair and reasonable, and in the public interest, and that the process for approving the Agreement had been followed correctly. The Commission's decision provides clarity for employers and employees covered by the Agreement, and sets a precedent for future collective agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established