| [2023] FWCA 2259 |
| 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
(AG2023/2344)
APPLICATION FOR APPROVAL OF THE HARRISON ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 21 JULY 2023 |
Application for approval of the Harrison Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023
An application has been made for approval of an enterprise agreement known as the HARRISON ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023 (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.
I am satisfied that each of the requirements of ss.186, 187 and 188 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2023. The nominal expiry date of the Agreement is 31 October 2023.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 2259
- Case
- [2023] FWCA 2259
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to consider were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the BOOT requirement that employees should be no worse off financially than under the relevant award. The court had to assess whether the agreement provided for a minimum rate of pay, allowances, and other benefits that were at least as good as those provided for in the relevant award, and whether any detriments to employees were outweighed by benefits.
In reaching its decision, the Fair Work Commission examined the terms and conditions of the agreement, including wages, allowances, and other benefits, and compared them to the relevant award. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and was BOOT compliant. The Commission was satisfied that the agreement provided for a minimum rate of pay, allowances, and other benefits that were at least as good as those provided for in the relevant award, and that any detriments to employees were outweighed by benefits.
The Fair Work Commission approved the Harrison Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, subject to certain conditions. The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement was approved on the basis that it provided for fair and reasonable terms and conditions for employees, and that it was BOOT compliant.
Orders
Orders of the court
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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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