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

[2024] FWCA 3377

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

(AG2024/3655)

DREAMTIME ROOFING PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024-2028

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the Dreamtime Roofing 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 Dreamtime Roofing 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 3 October 2024. The nominal expiry date of the Agreement is 1 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which is seeking approval for the Dreamtime Roofing Pty Ltd and CEPU - Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028. The union submitted this application under the Fair Work Act 2009, aiming for the agreement to be approved as a registered agreement, thereby providing coverage for employees within the specified enterprise. The primary concern of the union was to ensure that the terms and conditions set out in the agreement would be legally binding and enforceable for both the employer and the employees involved.

The legal issues before the court centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act. These requirements include considerations such as the nature of the agreement, its compliance with the relevant provisions of the Act, and whether it was genuinely negotiated between the parties. Additionally, the court needed to examine if the agreement covered all necessary aspects such as wages, conditions of employment, and other related matters. The union had to demonstrate that the agreement was made in good faith and was not disadvantageous to any party.

In delivering its decision, the court meticulously reviewed the provisions of the agreement against the legislative framework provided by the Fair Work Act. The court assessed the evidence presented by the union, which included details of the negotiation process, the terms of the agreement, and the responses from the employer and the employees. The court found that the agreement was indeed negotiated in good faith and contained all necessary terms that met the statutory requirements. It was satisfied that the agreement would provide fair and reasonable terms and conditions for the employees and was not disadvantageous to either party. Consequently, the court approved the enterprise agreement as a registered agreement, thereby enabling it to be enforceable under the Act.

The final orders of the court were to approve the Dreamtime Roofing Pty Ltd and CEPU - Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement will be legally binding and enforceable, providing a framework for the employment relationship between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established