| [2024] FWCA 3584 |
| 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
(AG2024/3894)
B-STRUCK CONSTRUCTIONS PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024-2028
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 14 OCTOBER 2024 |
Application for approval of the B-Struck Constructions Pty Ltd and CEPU - Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028
An application has been made for approval of an enterprise agreement known as the B-Struck Constructions Pty Ltd and CEPU - Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.
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.
An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:
a)Clause 17.3: Withholding of NES entitlements
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 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.
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. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2024. The nominal expiry date of the Agreement is 1 June 2028.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 3584
- Case
- [2024] FWCA 3584
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the agreement was a "bargained" agreement, if the required bargaining procedures had been followed, and whether the agreement contained all necessary terms and conditions. The union argued that the agreement was a result of good faith bargaining and was in the best interests of the employees, while the employer emphasised that the agreement was comprehensive and fair. The court had to assess if the agreement was made in good faith, if the required procedural steps were adhered to, and if the agreement met all statutory requirements.
Deputy President G W R Wilson determined that the agreement was indeed a result of good faith bargaining and was in the best interests of the employees. The court found that the required procedural steps had been followed, and the agreement contained all necessary terms and conditions. The Deputy President concluded that the agreement was fair and reasonable, and approved it under section 235 of the Fair Work Act 2009. The decision was made on 19 February 2024.
Orders
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Background
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Evidence
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Ratio Decidendi
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