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

[2024] FWCA 2288

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

(AG2024/2114)

LANGTON ROOFING & CONSTRUCTIONS 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 Langton Roofing & Constructions 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 Langton Roofing & Constructions 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 case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU - Plumbing Division – NSW Branch, and Langton Roofing & Constructions Pty Ltd for approval of the enterprise agreement. The application was heard in the Fair Work Commission, which is responsible for approving enterprise agreements to ensure they meet the necessary standards and protections for employees.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the minimum terms and conditions set by the Act, and whether it had been fairly negotiated between the employer and the union. The Commission also considered if the agreement provided adequate protections for employees, including minimum rates of pay, leave entitlements, and other essential conditions.

In reaching its decision, the Commission thoroughly examined the provisions of the proposed enterprise agreement. It assessed whether the agreement addressed all the minimum terms and conditions required by the Act, including the mandated minimum rates of pay, penalty rates, and leave entitlements. The Commission also considered the evidence provided by both parties regarding the negotiation process, ensuring that the agreement was genuinely negotiated and not imposed unilaterally. After careful consideration, the Commission was satisfied that the agreement met all the necessary legal standards and provided adequate protections for employees.

As a result, the Fair Work Commission approved the Langton Roofing & Constructions Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028. The agreement is now legally binding between the employer and the union, providing a framework for employment conditions over the specified period.

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