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

[2024] FWCA 2290

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

(AG2024/2115)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JUNE 2024

Application for approval of the LRCA 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 LRCA 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.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and 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, 188 and 190 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 20 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU – Plumbing Division, NSW Branch, to the Fair Work Commission for approval of an enterprise agreement with LRCA Pty Ltd. The application was for the Roofing & Cladding Enterprise Agreement 2024–2028. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009 and met the necessary standards for employee protection and workplace fairness.

The primary legal issues revolved around whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act. This included assessing if the agreement provided for fair and reasonable terms and conditions for employees, and if it was certified by an independent certifier as meeting the 'better off overall test'. The Commission also needed to consider if the agreement was made in good faith and if it provided for appropriate dispute resolution mechanisms.

In making its decision, the Commission considered the evidence provided by the union and the employer, including submissions on the fairness and reasonableness of the terms proposed. The Commission concluded that the agreement satisfied the statutory requirements and was made in good faith. The terms were deemed to be fair and reasonable, and the agreement was considered to meet the 'better off overall test'. The Commission approved the agreement, noting that it provided appropriate protections for employees and mechanisms for resolving disputes.

The final orders of the Commission were that the Roofing & Cladding Enterprise Agreement 2024–2028 between LRCA Pty Ltd and the CEPU – Plumbing Division, NSW Branch, was approved under section 234 of the Fair Work Act. The agreement was to be registered and would have effect as a registered agreement from the date of the Commission’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established