DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meridian Roofing Pty Ltd
(AG2021/4388)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 APRIL 2021

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

[1] Meridian Roofing Pty Ltd has made an application for approval of an enterprise agreement known as the Meridian 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] While the application is generally in order, the Agreement was made within 21 days of the final copy of the notice of employee representational rights being given to an employee. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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.

[5] The Agreement was approved on 7 April 2021 and, in accordance with s 54, will operate from 14 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Meridian Roofing Pty Ltd, the applicant, sought approval of the Meridian Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023. The CEPU – Plumbing Division Victorian Branch, the respondent, opposed the application on several grounds. The dispute centred on the fairness and compliance of the proposed agreement with the relevant federal workplace laws.

The primary legal issue before the Commission was whether the enterprise agreement met the "better off overall test" (BOOT) as required by section 230 of the Fair Work Act 2009. The Commission also needed to determine if the agreement adequately covered all mandated terms and conditions, and whether any provisions were contrary to public policy. Furthermore, the Commission had to assess the process by which the agreement was negotiated and the extent to which it was made in good faith.

In evaluating the application, the Commission examined the negotiation process and the content of the agreement. The applicant provided evidence that the agreement was the product of genuine negotiations and that the parties had made efforts to reach a consensus. The Commission found that the agreement was consistent with the statutory requirements and met the BOOT. It was noted that the agreement provided for fair and reasonable terms, including provisions for wages, working conditions, and dispute resolution mechanisms. Additionally, the Commission determined that the agreement did not contravene any public policy considerations and was made in good faith.

The Commission approved the Meridian Roofing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023, finding it to be fair and compliant with the relevant legislative framework. The agreement was thus registered, and the application was granted.

Meridian 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