DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6030)

UNLIMITED ROOFING AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Unlimited Roofing Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Unlimited Roofing Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (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 22 November 2018. 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Unlimited Roofing Australia Pty Ltd, with the dispute concerning the approval of the Enterprise Agreement between the union and the company for the period 2016 to 2019. The matter was heard in the Fair Work Commission. The central legal issue revolved around whether the proposed Enterprise Agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009, and whether it provided adequate protections and benefits to the employees covered by the agreement.

The Fair Work Commission meticulously examined the terms and conditions of the Enterprise Agreement, assessing them against the criteria set out in the Fair Work Act. The commission considered various factors, including the nature of the agreement, the extent of employee consultation, and the balance of rights and obligations between the parties. It also evaluated whether the agreement provided a safety net of minimum entitlements that were not less favourable than the applicable awards or registered agreements. The commission concluded that the agreement substantially complied with the statutory requirements, noting the adequate protections and benefits provided to the employees, despite some minor deficiencies.

Consequently, the Fair Work Commission approved the Enterprise Agreement, subject to certain conditions and modifications aimed at addressing the identified deficiencies. The decision underscored the importance of ensuring that enterprise agreements not only meet the statutory criteria but also provide fair and reasonable terms for the employees involved. The approval of the agreement was contingent upon the parties addressing the specified issues within a stipulated timeframe, ensuring that the final agreement aligned with the statutory requirements and provided a fair outcome for all parties.

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