DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4116)

TAG ROOFING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the TAG Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the TAG Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch 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 11 August 2016 and, in accordance with s.54, will operate from 18 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 parties in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and TAG Roofing Pty Ltd. The dispute concerns the approval of an enterprise agreement between the union and the employer for the period 2015-2019. The Fair Work Commission (FWC) heard the application for approval of the agreement. The legal issues before the FWC were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it contained any terms that would be unfair to the employees or the employer. The FWC needed to determine if the agreement was made in good faith and if it provided for the proper regulation of employment conditions.

The FWC examined the terms of the enterprise agreement and the process by which it was made. The union and the employer had engaged in a negotiation process to reach the agreement. The FWC assessed if the agreement was made in good faith by considering the conduct of both parties during the negotiation process and if it provided for the proper regulation of employment conditions. The FWC also assessed whether the agreement contained any terms that would be unfair to the employees or the employer. The FWC found that the agreement was made in good faith and provided for the proper regulation of employment conditions. The FWC also found that the agreement did not contain any terms that would be unfair to the employees or the employer.

The FWC approved the enterprise agreement between the union and the employer for the period 2015-2019. The FWC determined that the agreement was made in good faith and provided for the proper regulation of employment conditions. The FWC also found that the agreement did not contain any terms that would be unfair to the employees or the employer. The FWC ordered that the enterprise agreement be approved and registered with the Fair Work Commission Registry.

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