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

[2024] FWCA 1244

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

(AG2024/935)

INDUSTRY ROOFING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 APRIL 2024

Application for approval of the Industry Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

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 Industry Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (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 8 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Industry Roofing Pty Ltd. The application was brought before the Fair Work Commission. The union sought to have the proposed agreement ratified, which outlined the terms and conditions of employment for the employees of Industry Roofing Pty Ltd who are members of the union’s plumbing division in Victoria. The agreement was set to be effective from 2024 to 2027.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009, particularly concerning the process for its approval. The Commission had to consider if the agreement was made in good faith and if it adhered to the provisions that ensure fair and reasonable terms and conditions of employment. The focus was on verifying that the agreement contained all the necessary minimum terms and conditions and that it was free from any unfair content.

The Fair Work Commission examined the procedural fairness and the substantive fairness of the agreement. Procedurally, the Commission confirmed that the union had followed the necessary steps to achieve the agreement. The Commission found that the agreement was made in good faith, and the process was conducted fairly and in accordance with the law. In terms of substantive fairness, the Commission assessed the contents of the agreement to ensure they were fair and reasonable. After detailed consideration, the Commission determined that the agreement met all the statutory requirements and did not contain any unfair provisions. The Commission approved the agreement, recognising it as a lawful and valid enterprise agreement.

The Fair Work Commission approved the proposed enterprise agreement, confirming its compliance with all relevant legal requirements. This decision ensures that the terms and conditions outlined in the agreement will govern the employment of the union members at Industry Roofing Pty Ltd for the specified period. The approval was based on the evidence that the agreement was negotiated in good faith and contained fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established