DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/530)

HAVENDEEN ROOFING PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 MARCH 2019

Application for approval of the Havendeen Roofing Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Havendeen Roofing Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (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 2 April 2019. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, brought an application to the Fair Work Commission to approve a collective agreement. The agreement was made between the union and Havendeen Roofing Pty Ltd concerning the employment of workers at Queen's Wharf. The dispute focused on whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement was genuinely a product of genuine bargaining and whether it complied with all relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made without any form of duress or coercion and whether it met the standards for a valid collective agreement. Additionally, the Commission considered if the agreement contained appropriate dispute resolution mechanisms and if the terms were fair and reasonable.

The Fair Work Commission found that the agreement was a genuine product of bargaining, as there was evidence of the union and the employer negotiating in good faith. The Commission also determined that the agreement met all statutory requirements for approval. The terms of the agreement were deemed fair and reasonable, and the dispute resolution mechanisms were considered adequate. Consequently, the Commission approved the agreement, confirming its validity and compliance with the law.

The Commission issued an order approving the Havendeen Roofing Pty Ltd (Queens Wharf) Union Collective Agreement 2018. This order ensures that the agreement is legally binding between the union and the employer, providing a framework for the employment terms of the workers at Queen's Wharf.

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