Harrison Roofing Pty Ltd Summary

[2013] FWCA 4879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harrison Roofing Pty Ltd
(AG2013/1875)

HARRISON ROOFING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 19 JULY 2013

Application for approval of the Harrison Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Harrison Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Harrison Roofing Pty Ltd. The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 9 July 2013.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between Harrison Roofing Pty Ltd and the CEPU - Plumbing Division (Vic). The application was brought forth to ensure that the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The central dispute revolved around the fairness and compliance of the agreement with the provisions of the Act, particularly focusing on the entitlements and conditions of employment for the employees covered by the agreement.

The legal issues that the Commission was required to decide centred on whether the agreement provided for the appropriate minimum entitlements as stipulated by the Act, and if it was free from any provisions that might be considered contrary to public policy. The Commission had to examine the terms and conditions outlined in the agreement, including pay rates, hours of work, and other employment-related matters, to determine if they were in line with the legislative requirements and if they ensured that employees were not disadvantaged. Furthermore, the Commission had to ensure that the agreement did not contain any provisions that would undermine the public interest or be inconsistent with the overarching objectives of the Fair Work Act.

The Commission assessed the application and found that the agreement did indeed provide for the appropriate minimum entitlements and did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement complied with the legislative framework and that it was fair and reasonable in its terms. Consequently, the Commission approved the enterprise agreement, ensuring that it would provide a stable and fair working environment for the employees covered by the agreement. The approval of the agreement was based on the evidence presented and the conclusion that the agreement met all the necessary criteria for approval under the Fair Work Act.

The final orders of the Commission included the approval of the Harrison Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015, with the agreement to come into effect from the date of the Commission's decision. The Commission's approval ensures that the agreement will be binding on the parties involved and will provide a framework for the employment relationship between Harrison Roofing Pty Ltd and the employees represented by the CEPU - Plumbing Division (Vic).

Harrison Roofing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established