DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5225)

INDUSTRY ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MAY 2021

Application for approval of the Industry Roofing 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 an enterprise agreement known as the Industry Roofing 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.

[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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 May 2021 and, in accordance with s 54, will operate from 2 June 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 before the Fair Work Commission (FWC) involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the Industry Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement). The application for approval was contested by Industry Roofing Pty Ltd (the Employer). The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009 (the Act).

The legal issues before the FWC required consideration of the provisions of the Act, specifically section 231, which outlines the criteria for the approval of an enterprise agreement. The FWC needed to determine if the Agreement met the genuine bargaining test, the independent test, and the no unprotected Australian Workplace Agreement (AWA) test. Additionally, the FWC examined whether the Agreement provided for fair and reasonable terms and conditions, and if it contained any provisions that might be contrary to public policy.

The FWC found that the Agreement satisfied the requirements for approval under the Act. The bargaining process was deemed genuine, as the parties had engaged in meaningful negotiations, and the Agreement reflected the outcome of these discussions. The FWC also determined that the Agreement did not contain any provisions that were contrary to public policy and provided for fair and reasonable terms and conditions. The FWC approved the Agreement, acknowledging the need for flexibility in the roofing industry while ensuring the rights and interests of the employees were protected.

The FWC made an order approving the Industry Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from the date of the decision. The Employer was directed to give written notice of the approval to the Union within seven days of the decision. The Agreement would now be registered and enforceable under the Act, providing a framework for the employment relationship between the parties 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