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

[2014] FWCA 93

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
(AG2013/11983)

SOUTH QLD ROOFING PTY LTD - ROOFING UNION COLLECTIVE AGREEMENT 2013 - 2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 JANUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the South Qld 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 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 13 January 2014. The nominal expiry date of the Agreement is 28 February 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the South Queensland Roofing Pty Ltd - Roofing Union Collective Agreement 2013-2014. The application was brought under section 234 of the Fair Work Act 2009, which empowers the Commission to approve such agreements. The dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether it met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement was a "good faith" agreement as defined in section 228 of the Fair Work Act. This required the Commission to examine if the agreement was negotiated in good faith, covered all relevant employees, and contained terms that were fair and reasonable. Additionally, the Commission needed to determine if the agreement was consistent with the national employment standards and other applicable laws, and whether it would result in an improvement in the terms and conditions of employment for the employees covered by it.

The Fair Work Commission, in its decision, found that the proposed agreement was negotiated in good faith and covered all relevant employees. The Commission concluded that the agreement contained terms that were fair and reasonable and did not result in any diminution of the terms and conditions of employment for the employees. The Commission also found that the agreement was consistent with the national employment standards and other applicable laws. Given these findings, the Commission approved the application for the South Queensland Roofing Pty Ltd - Roofing Union Collective Agreement 2013-2014 under section 234 of the Fair Work Act.

The Fair Work Commission approved the application for the agreement, finding that it was negotiated in good faith, covered all relevant employees, contained fair and reasonable terms, and did not result in any diminution of the terms and conditions of employment for the employees. The Commission also determined that the agreement was consistent with the national employment standards and other applicable laws. As a result, the agreement was approved and will come into effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established