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

[2024] FWCA 1937

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

(AG2024/1660)

SOUTH QLD ROOFING PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2023 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the South Qld Roofing 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 South Qld Roofing 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 28 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a collective agreement between the South Qld Roofing Pty Ltd and the CEPU Plumbing Division Roofing Union for the years 2023 to 2026. The application was heard in the Fair Work Commission, which has jurisdiction over matters involving the approval of collective agreements under the Fair Work Act 2009. The union argued that the agreement was fair and appropriate, while the employer contested certain provisions, claiming they were overly restrictive and detrimental to business operations.

The key legal issues before the Commission were whether the collective agreement was fair and appropriate, particularly in light of the employer's objections to certain provisions. The Commission had to consider the balance between the rights of employees and employers, ensuring the agreement did not unfairly disadvantage the employer while also protecting the interests of the employees. Additionally, the Commission needed to ensure the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be free from discriminatory practices and to promote harmonious, productive, and cooperative workplace relations.

After examining the provisions of the collective agreement and the submissions from both parties, the Commission found that the majority of the agreement was fair and appropriate. However, certain provisions were modified to address the employer's concerns, ensuring they were not overly restrictive and allowed for reasonable business operations. The Commission emphasised the importance of maintaining a balance between the rights of employees and the legitimate needs of employers, and concluded that the modified agreement met the statutory requirements for approval. The union's application for approval was thus granted with the specified modifications.

The Fair Work Commission approved the collective agreement with the modifications made to certain provisions, ensuring a fair balance between the rights of employees and the needs of the employer. The approved agreement will govern the employment conditions of the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established