DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/7014)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2021

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

[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 Havendeen Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CEPU, 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) and based on its declaration, I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 8 September 2021 and, in accordance with s 54, will operate from 15 September 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 Fair Work Commission heard an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of a collective agreement between the union and Havendeen Roofing Pty Ltd, covering the period 2019 to 2022. The agreement in question relates to the union's members working within the roofing union division of Havendeen Roofing Pty Ltd. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved.

In considering the application, the Commission examined the process by which the agreement was negotiated, whether it contained the necessary minimum terms and conditions, and whether it complied with the good faith bargaining requirement. The union argued that the agreement was the product of genuine negotiations and contained all the necessary minimum terms. Havendeen Roofing Pty Ltd did not oppose the application, but raised concerns about the inclusion of certain clauses within the agreement. The Commission found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. The Commission also found that the clauses raised by Havendeen Roofing Pty Ltd did not breach any provisions of the Fair Work Act 2009.

Following this decision, the Fair Work Commission approved the Havendeen Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022. The agreement is now legally binding on both the union and Havendeen Roofing Pty Ltd for the period specified.

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

DECISION

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Legal Principle Established