DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1184)

LANGTON ROOFING & CONSTRUCTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ROOFING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 20 APRIL 2017

Application for approval of the Langton Roofing & Constructions Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Langton Roofing & Constructions Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing Enterprise Agreement 2015-2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 20 April 2017 and, in accordance with s.54, will operate from 27 April 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Langton Roofing & Constructions Pty Ltd, specifically for the CEPU Plumbing Division in New South Wales. The agreement in question, the Langton Roofing & Constructions Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing Enterprise Agreement 2015-2019, was subject to the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The union sought approval for the agreement, which was opposed by the employer.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act. The court needed to determine if the agreement had been made in good faith and if it contained the required provisions, including minimum terms and conditions, and whether it was free from any prohibited content. Furthermore, the court considered whether the agreement had been fairly negotiated and if it complied with the procedural requirements for such agreements.

The court examined the evidence and submissions from both parties, including the process of negotiation and the content of the agreement. The union demonstrated that the agreement had been negotiated in good faith and that it contained all necessary provisions. The employer's opposition focused on certain aspects of the agreement, which the court scrutinised. Ultimately, the court found that the agreement was made in good faith, contained all required provisions, and was free from prohibited content. The court also found that the agreement was fairly negotiated and complied with the relevant procedural requirements.

The court approved the Langton Roofing & Constructions Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing Enterprise Agreement 2015-2019, thereby granting the union's application for approval. The agreement now has legal effect as per the terms and conditions outlined within it, binding both the employer and the employees covered by the agreement.

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