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

[2013] FWCA 8617

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
(AG2013/11036)

HAVENDEEN ROOFING PTY LTD - ROOFING UNION COLLECTIVE AGREEMENT 2013 - 2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Havendeen 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 (CEPU), 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 11 November 2013. 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 Fair Work Commission heard an application for the approval of the Havendeen Roofing Pty Ltd - Roofing Union Collective Agreement 2013-2014, between Havendeen Roofing Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute arose from the application by the union for an extension of the agreement's term beyond its scheduled expiry date. The union argued that the extension was necessary due to ongoing negotiations that had not yet reached a satisfactory conclusion. The employer opposed the application, raising concerns about the potential impact on business operations and the need for a definitive agreement.

The central legal issue before the Commission was whether the application for an extension of the collective agreement should be approved. The Commission considered the statutory criteria outlined in the Fair Work Act 2009, focusing on whether the extension would facilitate the resolution of ongoing negotiations and whether it was in the best interests of the employees and the employer. The Commission also evaluated the evidence presented by both parties regarding the nature and progress of the negotiations, the reasons for the delay, and the potential consequences of approving or rejecting the application.

After reviewing the evidence and applying the relevant statutory criteria, the Commission concluded that the application for the extension should be approved. The Commission found that the extension would facilitate the continuation of negotiations, which were essential for reaching a fair and comprehensive agreement. The Commission also determined that the extension was in the best interests of the employees and the employer, given the complexity of the negotiations and the need for additional time to reach a satisfactory outcome. The Commission emphasised the importance of facilitating fair and constructive negotiations to achieve a balanced agreement that meets the needs of both parties.

The Commission approved the application for an extension of the Havendeen Roofing Pty Ltd - Roofing Union Collective Agreement 2013-2014, allowing for continued negotiations until a new agreement is reached. The Commission set a specific timeframe for the extension, during which the parties are required to make genuine efforts to negotiate in good faith. The Commission also directed the parties to report on the progress of the negotiations and any agreements reached. This decision provides a framework for the parties to continue their discussions and ultimately reach a mutually beneficial agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established