DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Roofing Proprietary Limited
(AG2021/4936)

GEELONG ROOFING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2021

Application for approval of the Geelong Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Geelong Roofing Pty Ltd has made an application for approval of an enterprise agreement known as the Geelong Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch 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.

[2] 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2021 and, in accordance with s 54, will operate from 18 May 2021. 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

Geelong Roofing Proprietary Limited was the subject of an application before the Fair Work Commission for the approval of the Geelong Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023. The dispute concerned whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on its compliance with the procedural fairness and good faith bargaining provisions. The application was brought before the Commission to ensure that the terms of the agreement were fair and that the bargaining process was conducted in good faith.

The primary legal issue before the Commission was whether the enterprise agreement was made in good faith and whether the procedural fairness was observed during the bargaining process. The Commission had to assess if the parties had genuinely attempted to negotiate and reach an agreement. Additionally, the Commission examined whether the agreement met the procedural requirements as outlined in the Fair Work Act 2009.

The Commission found that the agreement was made in good faith, as evidenced by the efforts of both parties to negotiate and reach a resolution. The Commission noted the comprehensive documentation and the multiple meetings held, which demonstrated a genuine attempt to bargain. The procedural fairness was also upheld, as the process allowed for the full participation of the parties and the consideration of all relevant matters. The terms of the agreement were deemed fair and reasonable, meeting the standards set by the Fair Work Act 2009. Consequently, the Commission approved the Geelong Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

The Fair Work Commission approved the enterprise agreement, confirming its compliance with the requirements of the Fair Work Act 2009. The decision was made in light of the good faith bargaining and procedural fairness observed during the negotiation process. The agreement was found to be fair and reasonable, thus meeting the necessary criteria for approval.

Geelong Roofing Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established