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

[2024] FWCA 3973

[2024] FWCA 3973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/4203)

HAVENDEEN ROOFING PTY LTD QTMP BUILDING CEPU PROJECT AGREEMENT 2024-2028

Building, metal and civil construction
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 NOVEMBER 2024

Application for approval of the Havendeen Roofing Pty Ltd QTMP Building CEPU Project Agreement 2024-2028

1. This decision deals with an application made for approval of an enterprise agreement known as the Havendeen Roofing Pty Ltd QTMP Building CEPU Project Agreement 2024-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

1. The Agreement does not contain a delegates rights term that is no less favourable than the modern award in all respects, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates’ rights term in the Agreement at clauses 43-46 will have no effect.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. In accordance with s. 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, Queensland Divisional Branch (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

1. The Agreement is approved and will operate from 20 November 2024. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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