DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/10331)

I Vic Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 5 JANUARY 2015

Application for approval of the I Vic Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the I Vic Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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 was approved on 2 January 2015 and, in accordance with s.54, will operate from 9 January 2015. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the employer, Vic Roofing Pty Ltd. The union sought approval of the Enterprise Agreement between the parties, which outlined the terms and conditions of employment for the union's members within Vic Roofing Pty Ltd. The legal issues at hand were whether the agreement met the requirements set forth by the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The commission considered several factors in determining whether the agreement complied with the Fair Work Act. It assessed whether the agreement was free from any unfair content, as defined by the act, and whether it provided for minimum rates of pay and conditions that were not less favourable than the applicable awards or safety nets. Furthermore, the commission examined whether the agreement was made in good faith, without any element of coercion, and whether it contained a genuine attempt by both parties to negotiate and reach an agreement. The commission also looked into whether the agreement met the requirements for the certification of an enterprise agreement.

In its decision, the Fair Work Commission found that the Enterprise Agreement did not meet the criteria for approval. The commission determined that the agreement contained provisions that were not in compliance with the Fair Work Act, specifically with regard to the minimum rates of pay and conditions. Additionally, the commission found that the agreement did not meet the requirements for good faith negotiation and was, therefore, not a genuine attempt by both parties to reach an agreement. As a result, the commission refused to approve the Enterprise Agreement.

Consequently, the Fair Work Commission ordered that the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Vic Roofing Pty Ltd be disallowed and would not come into effect. The commission also directed both parties to continue negotiations in good faith to reach an agreement that would meet the requirements of the Fair Work Act and be free from any unfair content.

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