DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3321)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2016

Application for approval of the Havendeen Roofing 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 Havendeen Roofing 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 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 9 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 the approval of the Havendeen Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 2019. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered instrument. The legal issues before the Commission were whether the agreement was a "good faith" agreement, whether it met the minimum standards prescribed by the Fair Work Act, and whether it complied with the requirements of the Code of Conduct for the Avoidance of Industrial Action.

The Commission noted that the agreement had been negotiated in good faith, as evidenced by the parties' conduct throughout the negotiation process. The Commission was satisfied that the agreement met the minimum standards required by the Fair Work Act, including provisions for minimum wages, penalty rates, and leave entitlements. The Commission also found that the agreement complied with the requirements of the Code of Conduct for the Avoidance of Industrial Action, as it did not contain any provisions that would encourage or facilitate unprotected industrial action. The Commission was satisfied that the agreement provided for a fair and reasonable resolution of the parties' dispute and was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Havendeen Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016 - 2019 as a registered instrument. The Commission found that the agreement was a good faith agreement that met the minimum standards prescribed by the Fair Work Act and complied with the requirements of the Code of Conduct for the Avoidance of Industrial Action. The approval of the agreement provides certainty and stability to the parties and their employees, and ensures that they are protected by the terms and conditions set out in 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