DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3328)

2828 INDUSTRIES 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 2828 Industries 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 2828 Industries 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between 2828 Industries Pty Ltd and the CEPU Plumbing Division Roofing Union for the period 2016 to 2019. The dispute centred on the procedural fairness and the substantive fairness of certain clauses within the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement was made in accordance with the procedural fairness requirements set out in the Fair Work Act, and whether the terms of the agreement met the substantive fairness test. The Commission had to examine the process by which the agreement was negotiated and whether the parties had a genuine opportunity to discuss and negotiate the terms. Additionally, the Commission considered whether the terms of the agreement were fair and reasonable, taking into account various factors such as the need for flexibility, the interests of employees and employers, and the broader economic context.

The Fair Work Commission determined that the agreement was procedurally fair, as there was evidence of good faith negotiations and proper consultation between the parties. The Commission found that the process adhered to the legal requirements, with both parties having an opportunity to present their views and negotiate the terms. Regarding substantive fairness, the Commission concluded that while some provisions were acceptable, others did not meet the statutory test. The Commission exercised its power to vary certain terms to ensure they aligned with the principles of substantive fairness, ultimately approving the agreement with the modified terms.

The final orders of the Fair Work Commission included the approval of the collective agreement with certain variations to specific clauses, ensuring compliance with the statutory requirements for both procedural and substantive fairness. The Commission's decision provided clarity on the process and criteria for approving collective agreements, reinforcing the importance of fair and reasonable terms in industrial relations.

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