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

[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

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).

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

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.

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.

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.

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

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.

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.

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.

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.

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 (the Union) for approval of the Havendeen Roofing Pty Ltd QTMP Building CEPU Project Agreement 2024-2028. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was heard and determined by the Fair Work Commission, which was tasked with ensuring that the agreement was fair, efficient, and provided for appropriate mechanisms for the resolution of workplace disputes.

The legal issues that the Commission had to address were whether the agreement provided for fair terms and conditions of employment, including remuneration and working conditions, and whether it included adequate dispute resolution processes. The Union argued that the agreement met all the statutory requirements for approval, while the employer raised concerns about certain provisions impacting operational flexibility. The Commission needed to examine these arguments in the context of the statutory criteria and existing industrial instruments.

In its decision, the Fair Work Commission carefully reviewed the terms of the agreement against the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, including adequate remuneration and conditions that were not less favourable than those provided by relevant awards or agreements. Furthermore, the Commission determined that the dispute resolution mechanisms in the agreement were sufficient to ensure efficient resolution of workplace disputes. Consequently, the Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission granted the Union's application for approval of the Havendeen Roofing Pty Ltd QTMP Building CEPU Project Agreement 2024-2028, determining that it satisfied the statutory requirements for approval. The agreement was found to provide for fair terms and conditions and included adequate dispute resolution processes. This decision provides clarity for both the Union and the employer regarding the terms of their industrial relationship for 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