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

[2024] FWCA 3245

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

(AG2024/2569)

HAVENDEEN ROOFING PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Havendeen Roofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of an enterprise agreement known as the Havendeen Roofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the Agreement was made. The Applicant made submissions addressing this. Pursuant to s.185(3)(b) of the Act, in all the circumstances and having considered the submissions of the Applicant, I consider it fair to extend the time for making the application to the date it was made and grant the extension until that date.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Havendeen Roofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The union argued that the proposed agreement met the necessary standards for a Fair Work Act registered agreement, including provisions on minimum wages, penalty rates, and employee conditions. The employer, Havendeen Roofing, contested certain aspects of the agreement, arguing they were not in line with the Fair Work Act's objectives.

The central legal issues for the commission to address were whether the proposed agreement complied with the Fair Work Act and its regulatory framework. Specifically, the commission needed to determine if the agreement provided fair and reasonable terms for the employees, including whether the proposed wages and conditions were adequate and whether the agreement met the Fair Work Act's public interest test. Additionally, the commission had to consider whether any provisions in the agreement unduly disadvantaged any party.

In its decision, the commission thoroughly examined each clause of the proposed agreement. It found that the agreement contained provisions that met the requirements of the Fair Work Act. The commission noted that the proposed wages and conditions were in line with industry standards and provided fair and reasonable terms for employees. The commission also concluded that the agreement did not unduly disadvantage any party and met the public interest test. Consequently, the commission approved the agreement, finding it to be a genuine attempt to create a fair and reasonable set of terms for the employees involved in the project.

The final orders of the commission were that the Havendeen Roofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 be approved as a registered agreement under the Fair Work Act. The commission's decision provided clarity for both the union and the employer, ensuring that the agreement would proceed under the terms approved by the commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established