Application by Taylor Engineering Co Pty Ltd

[2022] FWCA 2472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Taylor Engineering Co Pty Ltd

(AG2022/2361)

Taylor Engineering Co Pty Ltd and CEPU (Plumbing Division) Fire Protection Fabrication Shop Enterprise Agreement 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2022

Application for approval of the Taylor Engineering Co Pty Ltd and CEPU (Plumbing Division) Fire Protection Fabrication Shop Enterprise Agreement 2022

Taylor Engineering Co Pty Ltd has made an application for approval of the Taylor Engineering Co Pty Ltd and CEPU (Plumbing Division) Fire Protection Fabrication Shop Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings, and 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, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU. The Agreement was approved on 22 July 2022 and, in accordance with s 54, will operate from 29 July 2022. The nominal expiry date of the Agreement is 22 July 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Taylor Engineering Co Pty Ltd, together with CEPU (Plumbing Division), applied to the Fair Work Commission for approval of their Enterprise Agreement. The agreement was challenged by the Australian Council of Trade Unions (ACTU), which claimed that the proposed terms were unfair and did not adequately address the rights and entitlements of the employees. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms and conditions outlined in the Enterprise Agreement were procedurally and substantively fair. The Commission had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to provide for minimum rates of pay and conditions, as well as any additional terms that were necessary to ensure fairness in the workplace. The Commission also had to assess whether the agreement provided for proper consultation and negotiation processes, and whether it included adequate provisions for dispute resolution.

In delivering its decision, the Commission examined the provisions of the proposed Enterprise Agreement and the submissions made by both parties. The Commission found that the agreement provided for minimum rates of pay and conditions that were consistent with the relevant award and enterprise bargaining agreements. The Commission also found that the agreement included provisions for proper consultation and negotiation processes, as well as adequate provisions for dispute resolution. The Commission was satisfied that the agreement was fair and met the requirements of the Fair Work Act. Accordingly, the Commission approved the proposed Enterprise Agreement.

The Fair Work Commission approved the Taylor Engineering Co Pty Ltd and CEPU (Plumbing Division) Fire Protection Fabrication Shop Enterprise Agreement 2022, subject to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established