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

[2024] FWCA 415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/95)

HAVENDEEN ROOFING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 31 JANUARY 2024

Application for approval of the Havendeen Roofing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Havendeen Roofing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for approval of the Havendeen Roofing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The application arose from negotiations between the Union and Havendeen Roofing Pty Ltd, a company involved in a major construction project in Brisbane. The Union sought to ensure that its members, employed at the site, were adequately covered by a collective agreement that reflected their employment conditions and rights.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the bargaining, the extent of the agreement's coverage, and whether it promoted productivity, efficient, and sustainable employment relationships. The Commission also needed to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and did not have an adverse effect on employees not covered by the agreement.

Upon reviewing the application, the Commission found that the proposed collective agreement satisfied the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, considering the nature of the bargaining and the extent of its coverage. The Commission determined that the agreement promoted productivity, efficient, and sustainable employment relationships and was consistent with the Fair Work (Registered Organisations) Act 2009. Furthermore, the Commission was satisfied that the agreement did not have an adverse effect on employees not covered by the agreement. Consequently, the Commission approved the Havendeen Roofing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022.

The Fair Work Commission approved the Havendeen Roofing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, effective from the date of the decision. The approval ensures that the Union's members, employed at the site, are adequately covered by a collective agreement that reflects their employment conditions and rights. The approval also promotes fair and reasonable terms and conditions of employment, as well as productivity, efficient, and sustainable employment relationships.

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