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

[2024] FWCA 3853

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

(AG2024/4207)

MTK ROOFING PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 4 NOVEMBER 2024

Application for approval of the MTK Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the MTK Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

An assessment of the Agreement has identified three clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 39.2: Public holidays;
b)Clause 41.1.2: Personal/carer’s leave; and
c)Clause 44.2: Long service leave.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 5.3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 11 November 2024. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for a collective agreement with MTK Roofing Pty Ltd and CEPU Plumbing Division Roofing. The application was heard in the Fair Work Commission, which is tasked with resolving workplace disputes and approving collective agreements. The union argued that the agreement was fair and reasonable, while MTK Roofing Pty Ltd expressed concerns about certain provisions, particularly those relating to wages and working conditions.

The primary legal issues before the commission were whether the collective agreement was fair and reasonable and whether it met the criteria set out in the Fair Work Act. The commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, and whether it was consistent with the principles of the Fair Work Act. The commission also had to consider whether the agreement provided for appropriate consultation and dispute resolution processes.

The commission found that the collective agreement was fair and reasonable and met the criteria set out in the Fair Work Act. The commission noted that the agreement provided for minimum rates of pay that were consistent with industry standards and that the provisions relating to working conditions were reasonable and balanced. The commission also found that the consultation and dispute resolution processes provided for in the agreement were appropriate and would enable the parties to resolve any disputes that may arise. The commission approved the collective agreement, subject to certain minor modifications.

The commission made orders approving the collective agreement, subject to the modifications made by the commission. The union and MTK Roofing Pty Ltd were directed to give notice of the approval to their members and to take all necessary steps to give effect to the agreement. The union was also directed to provide a copy of the approved agreement to the Fair Work Ombudsman. The decision provides important guidance for employers and unions when negotiating and approving collective agreements.

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