DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chadoak Pty Ltd
(AG2021/4111)

CHADOAK PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MARCH 2021

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

[1] Chadoak Pty Ltd has made an application for approval of an enterprise agreement known as the Chadoak Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (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] 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.

[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 19 March 2021 and, in accordance with s 54, will operate from 26 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chadoak Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the CEPU – Plumbing Division Victorian Branch. The applicant sought to finalise the terms and conditions of employment for the employees covered by the agreement. The matter was heard by Deputy President Ryan, who was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the court involved whether the agreement complied with the provisions of the Fair Work Act, including whether it was in the best interests of the employees, and whether it was properly negotiated. The court also had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it contained provisions that were contrary to public policy.

Deputy President Ryan examined the evidence and submissions from both parties, including the terms of the proposed agreement and the process by which it was negotiated. The court found that the agreement was in the best interests of the employees and was appropriately negotiated. The Deputy President also determined that the agreement included adequate dispute resolution mechanisms and did not contain any provisions that were contrary to public policy. Consequently, the court approved the application for the agreement.

The final orders of the court were that the Chadoak Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to take effect from the date of the approval and would remain in force for the period specified within the agreement, until such time as it was terminated in accordance with the Fair Work Act.

Chadoak 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