| [2024] FWCA 2280 |
| 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
(AG2024/2050)
AXIS METAL ROOFING PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH ROOFING & CLADDING ENTERPRISE AGREEMENT 2024–2028
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 19 JUNE 2024 |
Application for approval of the Axis Metal Roofing 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 Axis Metal Roofing 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 19 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525109 PR776192>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2280
- Case
- [2024] FWCA 2280
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved whether the terms of the enterprise agreement provided employees with better conditions than they would have under the relevant awards and whether the agreement imposed any terms that were less favorable than the applicable awards. The Commission also needed to assess if the agreement was consistent with the "no-disadvantage test," ensuring no employees would be disadvantaged by the agreement compared to their existing conditions.
The Fair Work Commission found that the proposed enterprise agreement did meet the "better-off-overall test" and the "no-disadvantage test." The agreement provided employees with improved conditions, such as higher wages and better leave provisions, compared to the existing awards. The Commission noted that the agreement was fair and balanced, addressing the needs of both the employer and the employees. Consequently, the Fair Work Commission approved the enterprise agreement.
The final orders of the Fair Work Commission were that the Axis Metal Roofing Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028 was approved and would be registered as a certified agreement under the Fair Work Act 2009. This decision was effective from the date of registration.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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