DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/529)

HAVENDEEN ROOFING PTY LTD (TOWNSVILLE STADIUM) - UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Havendeen Roofing Pty Ltd (Townsville Stadium) - 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 18 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking approval for the Havendeen Roofing Pty Ltd (Townsville Stadium) Union Collective Agreement 2018. The application was heard by the Fair Work Commission, which is the relevant tribunal in matters involving employment and industrial relations in Australia. The union's application required the Commission to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue for the Commission to decide was whether the collective agreement complied with the provisions of the Fair Work Act, particularly sections concerning the need for the agreement to be in writing, to be fair and reasonable, and to have been made without coercion. The Commission also needed to consider whether the agreement provided for the protection of employees' rights and interests, and whether it adhered to the principles of good faith bargaining and procedural fairness.

After examining the evidence and submissions presented by the parties, the Commission found that the agreement was in writing and appeared to be fair and reasonable. The union had provided evidence of good faith bargaining and procedural fairness, and there was no evidence of coercion. The Commission concluded that the agreement complied with the statutory requirements and was therefore eligible for approval. The agreement was approved, subject to certain conditions and reservations to ensure ongoing compliance with the Act.

The Fair Work Commission approved the Havendeen Roofing Pty Ltd (Townsville Stadium) Union Collective Agreement 2018, subject to conditions and reservations to ensure compliance with the Fair Work Act. The approval was made on the basis that the agreement met the statutory requirements for approval, including being in writing, fair and reasonable, and made without coercion. The union's evidence of good faith bargaining and procedural fairness was also considered in reaching the decision.

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