Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2025] FWCA 1205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/920)

MAINLAND ROOFING AND BUILDING PLY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 APRIL 2025

Application for approval of the Mainland Roofing and Building Ply Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Mainland Roofing and Building Ply Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 11 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Mainland Roofing and Building Ply Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028. The parties to the application were the employer, Mainland Roofing and Building Ply Ltd, and the union, CEPU - Plumbing Division – NSW Branch. The union sought approval of the proposed enterprise agreement, which outlined terms and conditions of employment for its members.

The legal issues the court was required to decide centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. This included verifying that the agreement had been negotiated in good faith, that it provided for a fair and reasonable level of employee protection, and that it complied with relevant provisions of the Act. The court also needed to consider if the agreement met the "better off overall test" to ensure employees would not be worse off financially if the agreement were to be adopted.

In reaching its decision, the Fair Work Commission found that the proposed agreement had been negotiated in good faith and contained provisions that were fair and reasonable for the employees. The Commission was satisfied that the agreement provided adequate protections for employees and met the better off overall test. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work Act 2009. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Mainland Roofing and Building Ply Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028, effective from the date of the decision. The agreement was to apply to employees covered by the agreement for a period of four years, until the end of the agreement's term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established