DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4171)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2021

Application for approval of the Faulkner 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 Faulkner 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. 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.

[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 18 March 2021 and, in accordance with s 54, will operate from 25 March 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with Faulkner Roofing Pty Ltd, and the CEPU - Plumbing Division (Vic), who are seeking approval of the Faulkner Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The matter was heard in the Fair Work Commission. The central dispute pertains to the procedural fairness of the application process, specifically regarding the submission of the enterprise agreement for approval.

The legal issues that the court had to address centred around whether the application process was conducted in a manner that was procedurally fair. The union and Faulkner Roofing Pty Ltd argued that the process was flawed, as the application did not include certain procedural elements as outlined by the Fair Work Act 2009. The court needed to determine whether the absence of these elements rendered the application process unfair and, consequently, whether the application should be rejected.

The Fair Work Commission considered the arguments presented by the union and Faulkner Roofing Pty Ltd, as well as the submissions made by the respondents. The court concluded that the application process was, in fact, procedurally fair, despite the absence of certain procedural elements. It was determined that the application had met the essential requirements of the Fair Work Act 2009, and thus, the enterprise agreement could be approved. The court's reasoning was based on the overall fairness of the process and the fact that no party had suffered any prejudice due to the missing procedural elements.

In light of the court's decision, the Fair Work Commission approved the Faulkner Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The agreement is now officially recognised and enforceable under the Fair Work Act 2009, governing the employment terms and conditions between Faulkner Roofing Pty Ltd and the union members covered by the agreement.

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