DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6645)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2021

Application for approval of the Dowbury 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 Dowbury 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 20 August 2021 and, in accordance with s 54, will operate from 27 August 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Dowbury Pty Ltd, with the dispute concerning the approval of a collective agreement. The Fair Work Commission was the court that presided over the case. The union sought approval of the Dowbury Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022, which covered a range of employment terms and conditions for employees working in the roofing industry.

The legal issues that the court needed to address included whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "modern award" and whether it met the "better off overall test." The union argued that the agreement was a modern award, while the employer argued that it did not meet the requirements of the Act. The court also needed to consider whether the agreement was in the best interests of the employees and whether it met the requirements of the "good faith" bargaining principle.

The court found that the agreement met the requirements of the Act and was a modern award. The court noted that the agreement provided for a range of benefits for employees, including increased wages, improved working conditions, and better access to training and development opportunities. The court also found that the agreement met the "better off overall test," as it provided employees with a better overall package of terms and conditions than they would have received under a modern award. The court concluded that the agreement was in the best interests of the employees and met the requirements of the "good faith" bargaining principle.

The court approved the agreement, subject to certain conditions. These conditions included the requirement that the employer provide the union with certain information and data, as well as the requirement that the employer and union engage in good faith bargaining in relation to any future collective agreements. The court also noted that the agreement would expire on the earlier of 30 June 2022 or the date on which a new agreement was entered into by the parties. Overall, the court found that the agreement was fair and reasonable, and met the requirements of the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established