Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2014] FWCA 3303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/5892)

ROODE GROUP PTY LTD ROOFING UNION COLLECTIVE AGREEMENT 2013-2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 MAY 2014

Application for approval of the Roode Group Pty Ltd Roofing Union Collective Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Roode Group Pty Ltd Roofing Union Collective Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 26 May 2014. The nominal expiry date of the Agreement is 31 May 2014.

DEPUTY PRESIDENT

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, which sought approval for the Roode Group Pty Ltd Roofing Union Collective Agreement 2013-2014. The union argued that the agreement met all the necessary criteria for approval, including that it was free from any provisions that would undermine the purpose of the Fair Work Act 2009. The employer, Roode Group Pty Ltd, did not contest the fairness or the terms of the agreement, but the union needed the court’s formal endorsement for the agreement to be valid and enforceable.

The primary legal issue the court had to resolve was whether the collective agreement complied with all statutory requirements under the Fair Work Act. This included determining if the agreement adequately covered the scope of its application, if it allowed for fair and reasonable terms and conditions, and if it provided appropriate protections for employees. Additionally, the court needed to ensure that the agreement did not include any unfair or discriminatory provisions, and that it did not undermine any protections provided under the Fair Work Act.

In reaching its decision, the Fair Work Commission examined the collective agreement in detail, considering the terms and conditions proposed and their alignment with the objectives of the Fair Work Act. The court found that the agreement was comprehensive and adhered to all statutory requirements. It included provisions that ensured fair and reasonable terms for employees, provided adequate protections, and did not contain any discriminatory or unfair elements. The court also noted the employer’s lack of objection to the agreement, which was indicative of its reasonableness and fairness. Therefore, the court approved the collective agreement, confirming its validity and enforceability.

The final order of the court was to approve the Roode Group Pty Ltd Roofing Union Collective Agreement 2013-2014, ensuring that it would be binding on all parties involved and enforceable under the Fair Work Act. This approval validated the agreement as a legitimate and effective means of regulating employment terms and conditions within the specified period.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established