A.G. Coombs Group Pty Ltd Summary

[2021] FWCA 6809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.G. Coombs Group Pty Ltd
(AG2021/8353)

A.G. COOMBS AND CEPU - PLUMBING DIVISION (VIC) VICTORIAN INFRASTRUCTURE SITE AGREEMENT 2021 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 NOVEMBER 2021

Application for approval of the A.G. Coombs and CEPU - Plumbing Division (Vic) Victorian Infrastructure Site Agreement 2021 - 2023

[1] A.G. Coombs Group Pty Ltd has made an application for approval of an enterprise agreement known as the A.G. Coombs and CEPU - Plumbing Division (Vic) Victorian Infrastructure Site Agreement 2021 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 23 November 2021 and, in accordance with s 54, will operate from 30 November 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are A.G. Coombs Group Pty Ltd and CEPU - Plumbing Division (Vic). The dispute arose regarding the approval of the A.G. Coombs and CEPU - Plumbing Division (Vic) Victorian Infrastructure Site Agreement 2021 - 2023. The case was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms, and whether it was in the best interests of the employees covered by the agreement. The Commission also had to consider whether the agreement provided for a fair and effective mechanism for resolving disputes between the parties.

The Commission found that the agreement was fair and reasonable and in the best interests of the employees. It concluded that the agreement provided for a fair and effective mechanism for resolving disputes and that the process for approving the agreement was fair and transparent. The Commission approved the agreement, noting that it provided for a number of benefits for employees, including a pay increase, improved leave provisions, and better conditions for casual employees.

The Commission made an order approving the A.G. Coombs and CEPU - Plumbing Division (Vic) Victorian Infrastructure Site Agreement 2021 - 2023, which will now be binding on the parties and their employees for the duration of the agreement. The order is effective from the date of the Commission's decision and will remain in force until it is terminated or replaced by a new agreement.

A.G. Coombs Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established