| [2023] FWCA 303 |
| 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
(AG2022/5405)
LRCA PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH ROOFING ENTERPRISE AGREEMENT 2019-2023
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 31 JANUARY 2023 |
Application for approval of the LRCA Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing Enterprise Agreement 2019-2023
An application has been made for approval of an enterprise agreement known as the LRCA Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing 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 the 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 2023. The nominal expiry date of the Agreement is 30 September 2023.
COMMISSIONER
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<AE519038 PR750094>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 303
- Case
- [2023] FWCA 303
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the Agreement was fair and reasonable in all its terms, whether it complied with the relevant provisions of the Fair Work Act, and whether it adequately addressed the objections raised by the Applicant. The Applicant argued that certain provisions in the Agreement were unfair and unreasonable, particularly in relation to provisions concerning shift patterns, shift allowances, and the calculation of penalty rates.
The court found that the Agreement was fair and reasonable in all its terms, and was in compliance with the Fair Work Act. The court considered the evidence and submissions from both parties and concluded that the Agreement was a genuine and bona fide enterprise agreement. The court found that the provisions in question were not unfair or unreasonable, and that they were consistent with industry standards and practices. The court also noted that the Agreement provided for a transparent and fair process for resolving disputes between the parties.
The final orders of the court were that the Roofing Enterprise Agreement 2019-2023 be approved as a registered agreement under the Fair Work Act. The court also ordered that the Agreement be registered in the Fair Work Commission's register of approved agreements. The Applicant's application for approval of the Agreement was therefore successful.
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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