Meridian Roofing Pty Ltd

[2025] FWCA 993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Meridian Roofing Pty Ltd

(AG2025/557)

MERIDIAN ROOFING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER PERICA	MELBOURNE, 21 MARCH 2025

Application for approval of the Meridian Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Meridian Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I note that the following provision may be inconsistent with the National Employment Standards:

· Clause 40 – Compassionate leave

However, noting clause 5.4 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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

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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 21 March 2025. It will operate from 28 March 2025 as required by section 54 of the Act. The nominal expiry date is 31 October 2027.

COMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Meridian Roofing Pty Ltd applied to the Fair Work Commission (FWC) for approval of a proposed enterprise agreement with the CEPU – Plumbing Division (Vic). The applicants were a roofing company and the union representing plumbing workers. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the applicants needed to demonstrate that the agreement had been fairly negotiated, was not discriminatory, and contained no terms that contravened the Act or industrial instruments.

The legal issues before the FWC involved verifying the negotiation process and ensuring the agreement did not include any provisions that would be unfair or against public policy. The FWC had to determine whether the agreement had been negotiated in good faith and whether the union had appropriately represented the workers. Additionally, the FWC assessed whether the terms of the agreement were consistent with the provisions of the Fair Work Act and did not include any discriminatory or unlawful terms.

The FWC examined the evidence provided by both parties and concluded that the agreement had been fairly negotiated and was not discriminatory. The FWC found that the union had adequately represented the workers and that the terms of the agreement were in compliance with the Fair Work Act. The FWC also noted that the agreement contained no provisions that contravened the Act or industrial instruments. Based on this, the FWC approved the proposed enterprise agreement.

The FWC's approval of the enterprise agreement means that the terms and conditions set out in the agreement will be legally binding for the duration of the agreement, which is from 2024 to 2027. This decision ensures that the rights and obligations of the parties are clearly defined and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established