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

[2024] FWCA 2206

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

(AG2024/1903)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the Ideal 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 Ideal 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.

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 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE525040 PR776011>
Annexure A

CaseChat Overview and Summary

The parties to this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ideal Roofing (NSW) Pty Ltd. They sought approval of their enterprise agreement, which covered the period 2024 to 2028. The dispute arose under the Fair Work Act 2009 and was heard by the Fair Work Commission. The union and the employer jointly applied for the agreement to be approved as a registered agreement, which would allow it to be enforceable and protect it from being challenged in the courts.

The legal issues before the commission included whether the agreement met the requirements of the Fair Work Act, including that it be in writing, be an enterprise agreement, and not contain terms that were contrary to public policy. The commission also had to consider whether the agreement provided for the proper protection of employees' rights and interests, and whether it was in the best interests of the employees. The commission also considered whether the agreement provided for the proper protection of the rights and interests of the employer.

The commission found that the agreement met all the requirements of the Fair Work Act and was in the best interests of the employees. The agreement provided for proper protection of employees' rights and interests, including provisions for wages, hours of work, and other conditions of employment. The commission also found that the agreement was not contrary to public policy and did not contain any terms that were unlawful. The commission approved the agreement as a registered agreement, which will be enforceable and protected from being challenged in the courts.

The commission made orders approving the Ideal Roofing (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028 as a registered agreement under the Fair Work Act. The agreement will now be binding on the parties and protected from being challenged in the courts. The agreement will also be available for reference by other employers and employees in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established