DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1729)

BEACONSFIELD ROOFING AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2018-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2019

Application for approval of the Beaconsfield Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Beaconsfield Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Beaconsfield Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019. The parties involved in the dispute are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Beaconsfield Roofing (the Employer). The dispute was heard by the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The Union sought approval of the agreement, which was negotiated with the Employer to govern the terms and conditions of employment for the Union's members working for the Employer.

The legal issues the FWC had to address were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and whether the agreement contained appropriate provisions for the protection of employees' rights and interests. The FWC also needed to consider whether the agreement was made in good faith and whether the Union had followed the proper process in negotiating the agreement with the Employer. Additionally, the FWC had to determine whether the agreement met the "better off overall test," which requires that the terms and conditions of the agreement be no less favourable to the employees than the applicable awards or other industrial instruments.

In reaching its decision, the FWC considered the evidence provided by both parties and examined the terms and conditions of the proposed Enterprise Agreement. The FWC found that the agreement complied with the relevant provisions of the Fair Work Act and contained appropriate provisions for the protection of employees' rights and interests. The FWC also determined that the agreement was made in good faith and that the Union had followed the proper process in negotiating the agreement with the Employer. Furthermore, the FWC concluded that the agreement met the "better off overall test" and that the employees would be no less favourably off under the terms and conditions of the agreement than they would be under the applicable awards or other industrial instruments.

The FWC approved the Beaconsfield Roofing and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2018-2019, subject to certain minor amendments. The FWC ordered that the agreement be registered with the Fair Work Ombudsman and that it would come into effect on the date of registration. The FWC also ordered that the agreement would remain in force until 30 June 2019, or until a new enterprise agreement was made, or until the agreement was terminated 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