DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4934)

ROODE GROUP PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Roode Group Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Roode Group Pty Ltd and CEPU Plumbing Division Roofing Union Collective 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. 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 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. 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 union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, brought an application to the Fair Work Commission for approval of a collective agreement with the Roode Group Pty Ltd, concerning the union's members in the CEPU Plumbing Division Roofing Union. The dispute centred on whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to minimum wages and conditions.

The Fair Work Commission had to determine if the collective agreement met the requirements set forth in the legislation, including whether it provided for fair and reasonable terms and conditions for employees, and whether it adhered to the minimum wage rates and other entitlements as stipulated by the Fair Work Act. The union argued that the agreement was fair and reasonable, while the employer raised concerns about specific clauses in the agreement.

The Commission examined the proposed agreement in detail, considering the submissions from both parties. It found that the agreement, while generally fair and reasonable, contained certain clauses that did not comply with the minimum wage rates. The Commission made orders to vary those clauses to ensure compliance with the minimum wage provisions. The union and the employer were required to implement these changes before the agreement could be approved.

The Fair Work Commission approved the collective agreement with the modifications, ensuring it complied with the Fair Work Act. The union and the employer were directed to implement the changes within specified timelines. The decision underscored the importance of adhering to statutory minimum wage rates and the Commission's role in ensuring that collective agreements meet legislative standards.

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