DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Collingwood Building Services Pty Ltd
(AG2021/4754)

COLLINGWOOD BUILDING SERVICES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 APRIL 2021

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

[1] Collingwood Building Services Pty Ltd has made an application for approval of an enterprise agreement known as the Collingwood Building Services 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. 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 28 April 2021 and, in accordance with s 54, will operate from 5 May 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

Collingwood Building Services Pty Ltd applied for approval of their enterprise agreement with the CEPU – Plumbing Division Victorian Branch. The application was heard in the Fair Work Commission, where the respondent, CEPU – Plumbing Division Victorian Branch, opposed the application on several grounds. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including provisions relating to minimum entitlements, the proper process for negotiation, and whether the agreement was in the best interests of the employees.

The Commission assessed the agreement against the statutory criteria set out in the Fair Work Act. The Commission considered the bargaining process, the content of the agreement, and the interests of the employees. It found that the agreement was negotiated in good faith and that the process was compliant with the relevant provisions of the Act. The Commission also found that the agreement provided for minimum entitlements that were not less favourable than the applicable awards or the National Employment Standards. Furthermore, the Commission considered the views of the employees, as evidenced by the ballot, and determined that the agreement was in the best interests of the employees. Based on these findings, the Commission approved the application and registered the enterprise agreement.

Collingwood Building Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established