DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1555)

MATZ ROOFING PTY LTD - CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JUNE 2020

Application for approval of the Matz Roofing Pty Ltd - Cairns Convention Centre Project Greenfields Agreement 2020.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of a greenfields agreement known as the Matz Roofing Pty Ltd - Cairns Convention Centre Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 July 2020. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Matz Roofing Pty Ltd - Cairns Convention Centre Project Greenfields Agreement 2020. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval. The union argued that the agreement was fair and appropriate for the workers involved, while Matz Roofing Pty Ltd contested that certain provisions of the agreement were not in line with the Fair Work Act.

The central legal issues the Fair Work Commission had to address included whether the agreement was a "better off overall test" agreement, and whether it complied with the provisions of the Fair Work Act, particularly in terms of the terms and conditions it set for the workers. Additionally, the court needed to consider whether the agreement provided adequate protection for employees' rights and if it adhered to the principles of good faith bargaining.

The Fair Work Commission found that the agreement did indeed meet the better off overall test, as it provided improved terms and conditions for the workers compared to their previous arrangements. The court also determined that the agreement complied with the Fair Work Act and did not contravene any of its provisions. Furthermore, the commission held that the agreement adequately protected the employees' rights and was a result of genuine good faith bargaining between the union and the employer. Based on these findings, the court approved the Matz Roofing Pty Ltd - Cairns Convention Centre Project Greenfields Agreement 2020.

The final orders of the Fair Work Commission were to approve the agreement as a certified agreement under the Fair Work Act, with the specified terms and conditions to be effective from the date of approval. The union and the employer were also directed to take all necessary steps to ensure the agreement was implemented in accordance with its terms.

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