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

[2024] FWCA 2754

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

(AG2024/2700)

RED 8 ROOFING PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024-2028

Building services
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2024

Application for approval of the Red 8 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 Red 8 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.

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 2 August 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") brought an application before the Fair Work Commission (the "Commission") seeking approval of the Red 8 Roofing Pty Ltd and CEPU - Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 (the "Agreement"). The Union argued that the Agreement should be approved as it met the requirements under the Fair Work Act 2009 (Cth). Red 8 Roofing Pty Ltd did not oppose the application but highlighted certain provisions that required clarification.

The central legal issue before the Commission was whether the Agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Union had to demonstrate that the Agreement was a genuine enterprise agreement and that it satisfied the "better off overall test" (BOOT). This test requires that, on balance, the employees covered by the Agreement are no worse off and at least some of them are better off than they would be under the applicable awards or the general industrial conditions. The Commission also needed to consider whether the Agreement met the procedural requirements, including proper consultation and provision of information to the employees.

The Commission examined the Agreement clause by clause, confirming that it complied with the procedural requirements set out in the Fair Work Act. The Union provided evidence of proper consultation with employees and the provision of relevant information. Regarding the BOOT, the Commission found that the Agreement provided for fair wages and conditions, including provisions for overtime and penalty rates, which were in line with, or better than, the applicable awards. The Commission was satisfied that the Agreement did not result in any employees being worse off and that many employees would benefit from the improved conditions. Consequently, the Commission approved the Agreement, finding that it met all necessary requirements under the Fair Work Act.

The Fair Work Commission approved the Red 8 Roofing Pty Ltd and CEPU - Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028, effective from the date of the decision. The Union and the employer are now bound by the terms of the Agreement, which will govern the employment conditions of the employees covered by the Agreement for the next four years.

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