Superlag Pty Ltd Summary

[2024] FWCA 3746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Superlag Pty Ltd

(AG2024/4103)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 OCTOBER 2024

Application for approval of the Superlag 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 Superlag Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superlag Pty Ltd. The Agreement is a single enterprise agreement.

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.

An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 16.3.1: Flexible working arrangements; and
b)Clause 40: Compassionate leave.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Superlag Pty Ltd, sought approval of an enterprise agreement with CEPU – Plumbing Division (Vic), an affiliated union. The nature of the dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The decision was handed down in the Fair Work Commission. The legal issues before the Commission involved whether the agreement met the criteria set forth in the Act, including whether it was made in good faith, free from coercion and undue influence, and provided fair and reasonable terms for the employees. The applicant argued that the agreement was negotiated in good faith and reflected the fair and reasonable terms for the employees. The union argued that certain provisions were not fair and reasonable and should not be approved.

The Fair Work Commission considered the evidence provided by both parties and examined the terms of the agreement. The Commission concluded that the agreement was made in good faith and without coercion or undue influence. The Commission found that while some provisions were contentious, the overall terms of the agreement were fair and reasonable. The Commission took into account the need to balance the rights and interests of both the employer and employees. After careful consideration, the Commission approved the agreement, subject to certain modifications to address the concerns raised by the union. The modifications were deemed necessary to ensure the agreement complied with the Act and provided fair and reasonable terms for the employees. The applicant's application was ultimately successful, with the agreement approved in a modified form.

Superlag Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established