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

[2014] FWCA 3291

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
(AG2014/5950)

BULLSEYE ROOFING PTY LTD ROOFING UNION COLLECTIVE AGREEMENT 2013 - 2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 MAY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Bullseye Roofing 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 is31 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 of a collective agreement with Bullseye Roofing Pty Ltd. The nature of the dispute was the union's application for the approval of the collective agreement, which was set to cover the period from 2013 to 2014. The Commission had the responsibility of evaluating whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Act. This included an assessment of whether the agreement was made in good faith, whether it was appropriately certified by the union, and whether it complied with the statutory minimum standards set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it was consistent with the broader objectives of the Fair Work Act, such as promoting cooperative relationships between employers and employees.

In reaching its decision, the Commission carefully reviewed the terms of the agreement and the evidence presented by both parties. It found that the agreement met the necessary criteria for approval. The Commission noted that the agreement was made in good faith, was appropriately certified by the union, and contained provisions that met or exceeded the statutory minimum standards. Furthermore, the agreement included effective dispute resolution mechanisms and aligned with the objectives of promoting cooperative workplace relationships. Therefore, the Commission approved the agreement, finding it to be fair and reasonable.

The final orders of the Commission were that the Bullseye Roofing Pty Ltd Roofing Union Collective Agreement 2013-2014 was approved as meeting the requirements of the Fair Work Act, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would be legally binding on the parties, and the union was authorised to take any necessary steps to enforce the agreement. The decision provided clarity and certainty for both the union and the employer, ensuring that the agreement could be implemented effectively.

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