DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3108)

SOUTH QUEENSLAND ROOFING DISCRETIONARY TRUST T/A SOUTH QLD ROOFING PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the South Queensland Roofing Discretionary Trust t/a South Qld 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 South Queensland Roofing Discretionary Trust t/a South Qld 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the South Queensland Roofing Discretionary Trust trading as South Qld Roofing Pty Ltd. The dispute related to the approval of the CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019. The matter was heard in the Fair Work Commission. The primary legal issue the court had to address was whether the agreement between the union and the employer complied with the relevant provisions of the Fair Work Act 2009. This involved examining whether the agreement met the requirements for a certified agreement, including whether it was a genuine enterprise agreement and whether it was appropriately negotiated.

The Fair Work Commission evaluated the negotiation process and the content of the agreement to determine if it complied with the statutory provisions. The Commission considered whether the union and employer had genuinely negotiated the agreement and whether the union had adequately represented the employees. The Commission also assessed whether the agreement covered the necessary terms and conditions of employment and if it met the minimum standards prescribed by the Act. The outcome of the case hinged on the evidence presented regarding the negotiation process, the scope of the agreement, and its adherence to the legal requirements.

The Fair Work Commission found that the agreement was appropriately negotiated and represented the interests of the employees. The Commission approved the agreement, confirming that it met the necessary criteria for a certified agreement under the Fair Work Act. The agreement was found to cover the required terms and conditions of employment and did not contravene any minimum standards. Consequently, the Commission granted approval for the CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019.

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