DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1387)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Burelli 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 Burelli 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 the 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 16 June 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Burelli Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The union sought to have the agreement recognised as a protected action agreement, which would exempt it from the provisions of the Fair Work Act 2009 that generally prohibit industrial action during the life of an agreement. The dispute centred on the interpretation and application of the statutory criteria for approval, specifically the requirement that the agreement does not permit, encourage, or authorise protected action in a manner that is contrary to the public interest.

The central legal issue was whether the agreement complied with the statutory provisions that govern the approval of protected action agreements. The union argued that the agreement met all the necessary criteria and was in the public interest, while the employer contended that the agreement contained provisions that were inconsistent with the public interest and should not be approved. The court had to consider the specific provisions of the agreement, the nature of the protected action permitted, and whether any such action would be contrary to the public interest.

The Fair Work Commission found that the agreement did not permit, encourage, or authorise protected action in a manner that was contrary to the public interest. The court examined the specific provisions of the agreement and concluded that they were consistent with the public interest, as they were necessary to protect the rights of employees and to ensure that the employer complied with its obligations under the agreement. The commission also considered the broader context of the agreement and the nature of the protected action permitted, and found that the agreement did not pose any significant risks to the public interest. Accordingly, the commission approved the agreement as a protected action agreement.

The final orders of the commission were that the Burelli Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 be approved as a protected action agreement, effective from the date of the decision. The commission also ordered that the agreement be registered with the Fair Work Commission and that the union and employer comply with their obligations under the agreement and the Fair Work Act 2009.

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