DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CC P&D (Aust) Pty Ltd
(AG2019/743)

CC P&D (AUST) PTY LTD ENTERPRISE AGREEMENT 2019-2022

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2019

Application for approval of the CC P&D (Aust) Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CC P&D (Aust) Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CC P&D (Aust) Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] On 9 May 2019 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sent correspondence to the Commission advising it opposed certification of the Agreement as it believed employees in Western Australia employed by the business were not consulted in the negotiation of the Agreement.

[3] I listed the matter for hearing by telephone on 6 June 2019. The Applicant was represented by Ms Kathleen Christopher, Quality, Safety and Environmental Manager for the Applicant. The CEPU was unable to attend the hearing.

[4] At the hearing Ms Christopher clarified that there were no current employees that would be covered by the agreement in Western Australia and that there was another business, CC P&D Pty Ltd, ABN 94 158 062 394 , which is a different entity and employed some staff in Western Australia.

[5] The above was communicated to the CEPU by my associate and their opposition was withdrawn.

[6] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved CC P&D (Aust) Pty Ltd, a company seeking approval for its Enterprise Agreement 2019-2022. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, specifically in terms of minimum entitlements and the procedural fairness afforded to the employees. The FWC was tasked with evaluating the application for approval of this enterprise agreement.

The primary legal issue before the FWC was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included verifying that the agreement provided employees with at least the minimum entitlements guaranteed by the Act, as well as ensuring that the process by which the agreement was formed was fair and appropriate. The FWC had to consider submissions from both the employer and the employees' representatives, alongside any relevant industrial instruments and awards.

In delivering its decision, the FWC examined the provisions of the proposed agreement against the minimum standards stipulated by the Fair Work Act. The Commission found that the agreement did indeed provide employees with entitlements not less favourable than those guaranteed by the Act. Additionally, the FWC assessed the process through which the agreement was negotiated and concluded that it was conducted in a manner that was procedurally fair. Consequently, the FWC approved the application for the CC P&D (Aust) Pty Ltd Enterprise Agreement 2019-2022, thereby setting aside any contrary orders previously made by the Commission.

The FWC's final order was that the CC P&D (Aust) Pty Ltd Enterprise Agreement 2019-2022 was approved as meeting the necessary statutory requirements. This decision effectively resolved the dispute and confirmed the agreement as a binding instrument between the employer and the employees.

CC P&D (Aust) 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