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

[2024] FWCA 2440

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

(AG2024/2293)

DIRECT METAL ROOFING (NSW) PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JULY 2024

Application for approval of the Direct Metal Roofing (NSW) 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 Direct Metal Roofing (NSW) 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 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 1 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Direct Metal Roofing (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028. The applicant, the union, sought the court's approval of the enterprise agreement. The union argued that the agreement was made in good faith and met all statutory requirements for approval. The employer contested the application, arguing that certain provisions of the agreement did not comply with the relevant legislation.

The primary legal issue the court had to determine was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for the employees' minimum entitlements. The court also needed to assess whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable.

The court examined the provisions of the agreement and found that it complied with the statutory requirements. The court was satisfied that the agreement was made in good faith and provided for the employees' minimum entitlements as set out in the Fair Work Act. The court also determined that none of the provisions of the agreement were contrary to public policy or otherwise unenforceable. The court approved the enterprise agreement, noting that it provided for a fair and reasonable outcome for both the employer and the employees.

The court's final orders included the approval of the Direct Metal Roofing (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028. The agreement was approved as meeting the requirements of the Fair Work Act and was therefore enforceable between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established