CC P & D (Aust) Pty Ltd

[2022] FWCA 2903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CC P & D (Aust) Pty Ltd

(AG2022/3338)

CC P & D (Aust) Pty Ltd - WA - Enterprise Agreement 2022 - 2024

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 AUGUST 2022

Application for approval of the CC P & D (Aust) Pty Ltd - WA - Enterprise Agreement 2022 - 2024

CC P & D (Aust) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the CC P & D (Aust) Pty Ltd - WA - Enterprise Agreement 2022 - 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (the Organisation), 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 Organisation is covered by the Agreement.

The Agreement was approved on 24 August 2022 and, in accordance with s 54, will operate from 31 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by CC P & D (Aust) Pty Ltd to have the CC P & D (Aust) Pty Ltd - WA - Enterprise Agreement 2022-2024 approved. The application was brought under the Fair Work Act 2009, which mandates that enterprise agreements must be approved by the Commission to be legally binding. The agreement in question was proposed by the company to cover its employees in Western Australia, aiming to set terms and conditions of employment for the specified period.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement met the statutory requirements for approval. This involved assessing whether the agreement had been made in good faith and without coercion, whether it provided for the proper classification of employees, and whether it included provisions for minimum rates of pay and conditions. Additionally, the Commission needed to ensure that the agreement was consistent with the Fair Work Act and did not contravene any provisions of the Fair Work (Registered Organisations) Act 2009 or any other relevant legislation.

After reviewing the submissions and evidence presented by both parties, the Commission found that the enterprise agreement met all the necessary criteria for approval. The Commission noted that the agreement was negotiated in good faith, and there was no evidence of coercion. It also confirmed that the agreement appropriately classified employees and provided for minimum rates of pay and conditions. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects. The decision was made in light of the comprehensive submissions and the absence of any objections or adverse findings.

The Fair Work Commission approved the CC P & D (Aust) Pty Ltd - WA - Enterprise Agreement 2022-2024, deeming it fair and reasonable. The agreement is now legally binding between the employer and the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established