DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barden Steeldeck Industries Pty Ltd ATF Barden Steeldeck Industries Unit Trust
(AG2021/3945)

BARDEN STEELDECK INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MARCH 2021

Application for approval of the Barden Steeldeck Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Barden Steeldeck Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Barden Steeldeck Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act). The agreement is a single enterprise agreement. 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. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[2] 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.

[3] The Agreement was approved on 3 March 2021 and, in accordance with s 54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Barden Steeldeck Industries Pty Ltd ATF Barden Steeldeck Industries Unit Trust, the Australian Industrial Relations Commission was tasked with approving an enterprise agreement between the employer and the CEPU – Plumbing Division Victorian Branch. The dispute centred on the specifics of the proposed agreement, which sought to govern the terms and conditions of employment for the employees of Barden Steeldeck Industries for the period from 2019 to 2023. The nature of the disagreement pertained to the fairness and compliance of the agreement with the relevant industrial relations laws, particularly focusing on whether it met the standards set forth under the Fair Work Act 2009.

The legal issues before the court were primarily centred on whether the agreement contained all the required terms as mandated by the Fair Work Act and whether it was free from any illegality or unfair content. The court had to assess if the agreement dealt with the employees' remuneration, hours of work, leave, and other terms and conditions in a manner that was fair and reasonable. Additionally, the court needed to determine if the agreement was made in good faith and whether it complied with the provisions regarding the avoidance of industrial action.

The court examined the agreement clause by clause, ensuring that it covered all necessary topics and was fair and reasonable in its provisions. The agreement was found to be comprehensive and compliant with the legislative requirements. The court was satisfied that the agreement had been made in good faith and was free from any illegality or unfair content. It concluded that the agreement met the standards of fairness and compliance required by the Fair Work Act.

The court approved the Barden Steeldeck Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023, finding it to be fair and reasonable, and in compliance with all relevant provisions of the Fair Work Act.

Barden Steeldeck Industries Pty Ltd ATF Barden Steeldeck Industries Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established