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

[2024] FWCA 2476

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

(AG2024/2334)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2024

Application for approval of the Skyview Roofing Australia Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Skyview Roofing Australia Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 4 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU - Plumbing Division – NSW Branch, seeking approval of the Skyview Roofing Australia Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028. The application was made to the Fair Work Commission under the Fair Work Act 2009. The union and the employer had negotiated a new enterprise agreement which they now sought to have approved and registered by the Commission.

The central legal issue was whether the proposed enterprise agreement met the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was a genuine bargain between the employer and the employees, if it complied with the Act's provisions, and if it was in the best interests of the employees. The court also had to consider whether the agreement adequately covered the terms and conditions of employment, including wages, hours of work, and other conditions of employment.

In its reasoning, the Commission found that the proposed enterprise agreement was a genuine bargain between the parties and complied with the relevant provisions of the Fair Work Act. The agreement was detailed and comprehensive, covering all necessary terms and conditions of employment. The Commission was satisfied that the agreement was in the best interests of the employees, providing them with fair and reasonable terms and conditions. The Commission noted that the agreement had been negotiated in good faith and that there was no evidence of coercion or unfairness in the bargaining process. Accordingly, the Commission approved and registered the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established