DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Roofing Proprietary Limited T/A Geelong Roofing Pty Ltd
(AG2016/3921)

GEELONG ROOFING PROPRIETARY LIMITED TRADING AS GEELONG ROOFING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Geelong Roofing Proprietary Limited trading as Geelong Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Roofing Proprietary Limited trading as Geelong Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Roofing Proprietary Limited T/A Geelong Roofing Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geelong Roofing Proprietary Limited, trading as Geelong Roofing Pty Ltd, made an application to the Fair Work Commission for approval of their Enterprise Agreement with the CEPU - Plumbing Division Victorian Branch for the period 2016 to 2019. The application was brought before the Commission by the Australian Building and Construction Commission, which challenged the fairness of the agreement.

The central issue for the Commission was whether the Enterprise Agreement was fairly made, in accordance with the Fair Work Act 2009. This required an examination of the process by which the agreement was negotiated and whether it contained appropriate provisions regarding employee entitlements, particularly in the context of the parties' bargaining power and the existence of any undue influence or coercion.

The Commission determined that the Enterprise Agreement was fairly made. The evidence presented indicated that the agreement was negotiated in good faith, with both parties demonstrating a willingness to engage in meaningful discussions. The Commission also found that the agreement contained appropriate provisions regarding employee entitlements, and there was no evidence of undue influence or coercion in the negotiation process. As a result, the Commission approved the Enterprise Agreement for the specified period.

The Fair Work Commission approved the Geelong Roofing Proprietary Limited trading as Geelong Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019, affirming that it was fairly made and in compliance with the Fair Work Act 2009. This decision underscores the importance of fair and transparent negotiation processes in the formation of enterprise agreements.

Geelong Roofing Proprietary Limited T/A Geelong Roofing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established