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

[2023] FWCA 416

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

(AG2023/125)

RAW Australia Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2023

Application for approval of the RAW Australia Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

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 RAW Australia Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 10 February 2023 and, in accordance with s 54, it will operate from 17 February 2023. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEAIU) filed an application for the approval of the RAW Australia Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The agreement was entered into by the employer and the union, and the union sought the Commission's endorsement to ensure its enforceability under the Fair Work Act 2009. The Commission had to determine whether the agreement met the statutory requirements for approval, including compliance with the good faith bargaining and "better off overall test" provisions.

The primary legal issues revolved around whether the agreement was genuinely negotiated in good faith and whether it provided employees with a better overall outcome than the applicable awards. The Commission considered various factors, including the bargaining process, the terms of the agreement, and the impact on employees' conditions. It was essential to assess if the agreement reflected a fair and reasonable outcome for both parties and if it complied with the legal standards for enterprise agreements.

After thorough examination, the Commission found that the agreement had been negotiated in good faith and met the statutory requirements for approval. The Commission determined that the agreement provided employees with a better overall outcome, considering factors such as wage increases, additional leave provisions, and improved working conditions. The terms of the agreement were fair and reasonable, reflecting the bargaining positions of both parties. Consequently, the Commission approved the agreement, ensuring its enforceability under the Fair Work Act 2009.

The final orders of the Commission were that the RAW Australia Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved as a registered agreement. The approval ensured that the agreement would be binding on the parties and enforceable under the Fair Work Act 2009, providing a framework for the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established