DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5697)

PREMIER ROOFING (HOLDINGS) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2021

Application for approval of the Premier Roofing (Holdings) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Premier Roofing (Holdings) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023 (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. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made. 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), I note that the Agreement covers the CEPU.

[3] The Agreement was approved on 29 June 2021 and, in accordance with s 54, will operate from 6 July 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in question involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Premier Roofing (Holdings) Pty Ltd. The Union sought approval of the 2019 – 2023 Plumbing Enterprise Agreement, which was to be applied between the parties. The Fair Work Commission was the court that heard this case.

The primary legal issue was whether the agreement met the requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "genuine enterprise agreement," as defined by the Act. This involved assessing whether the agreement was negotiated in good faith, covered a relevant group of employees, and contained minimum terms and conditions of employment as prescribed by the Act.

The Fair Work Commission found that the agreement was genuine, having been negotiated in good faith. The agreement was also found to cover a relevant group of employees. Additionally, it contained all the required minimum terms and conditions of employment. Therefore, the court approved the agreement, confirming that it met the necessary criteria under the Fair Work Act 2009.

The final orders of the court were that the Premier Roofing (Holdings) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023 be approved and registered with the Fair Work Commission. This decision ensures that the agreement will govern the terms and conditions of employment for the relevant group of employees for the specified period.

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