DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.G. Coombs Pty Ltd.
(AG2021/4274)

A.G. COOMBS PTY LTD (PROJECTS) EASTERN SEABOARD (VICTORIA, NEW SOUTH WALES AND QUEENSLAND) AND CEPU – PLUMBING DIVISION ENTERPRISE AGREEMENT 2020-2023 ON-SITE EMPLOYEES

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2021

Application for approval of the A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland) and CEPU – Plumbing Division Enterprise Agreement 2020-2023 On-Site Employees.

[1] A.G. Coombs Pty Ltd. has made an application for approval of an enterprise agreement known as the A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland) and CEPU – Plumbing Division Enterprise Agreement 2020-2023 On-Site Employees (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 employees were not provided with the voting instructions seven clear days before the vote. 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). Further, I am satisfied 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 25 March 2021 and, in accordance with s 54, will operate from 1 April 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland) and CEPU – Plumbing Division Enterprise Agreement 2020-2023 On-Site Employees was a matter heard by the Fair Work Commission. The application was made by the A.G. Coombs Pty Ltd, seeking approval of the enterprise agreement. The dispute centred around the terms and conditions of employment for on-site employees within the specified geographic areas and division.

The legal issues before the Commission involved the validity and enforceability of certain provisions within the enterprise agreement. Key points included whether the agreement was made in good faith, whether it contained provisions that were fair and reasonable, and whether it complied with the relevant legislative framework. Additionally, the Commission needed to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission carefully examined the evidence and submissions provided by the parties. The Commission found that the enterprise agreement was made in good faith and contained provisions that were fair and reasonable. It was noted that the agreement included necessary safeguards and protections for employees, and it adhered to the legislative requirements. Consequently, the Commission approved the enterprise agreement, finding that it met all the statutory criteria for endorsement. This decision was based on a comprehensive analysis of the agreement’s provisions and their alignment with the objectives of the Fair Work Act.

A.G. Coombs 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