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

[2024] FWCA 2352

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

(AG2024/2156)

QUEENSLAND INSULATED PANEL PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2023 – 2026

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2024

Application for approval of the Queensland Insulated Panel Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2023 – 2026

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 Queensland Insulated Panel Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2023 – 2026 (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 25 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed collective agreement between the Queensland Insulated Panel Pty Ltd and the CEPU Plumbing Division Roofing Union. The union sought to have the agreement ratified as a protected action agreement under the Fair Work Act 2009. The dispute centred on the terms of the agreement, which included provisions relating to wages, hours of work, and other employment conditions. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal criteria for approval and whether it would have a detrimental effect on employees or the broader community.

The legal issues before the Commission involved assessing the proposed agreement against the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with the protected action provisions and whether it adhered to the good faith bargaining provisions. Furthermore, the Commission needed to consider whether the agreement would have a detrimental effect on employees or the broader community, and if it contained any terms that were inconsistent with the national workplace relations system.

In its decision, the Commission found that the proposed agreement met the criteria for approval under the Act. It determined that the agreement was the product of genuine and good faith bargaining between the parties, and that it did not contain any terms that were inconsistent with the national workplace relations system. The Commission also concluded that the agreement would not have a detrimental effect on employees or the broader community. As such, the Commission approved the proposed collective agreement, which now provides a legally binding framework for the employment relationship between the parties for the next three years.

The Fair Work Commission ordered that the Queensland Insulated Panel Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2023 – 2026 be approved as a protected action agreement under section 175 of the Fair Work Act. The agreement will now serve as the governing employment contract between the parties, providing a clear and legally binding framework for the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established