Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2021] FWCA 6696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/8225)

FAST FLOW SYSTEMS AUSTRALIA PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2021

Application for approval of the Fast Flow Systems Australia Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Fast Flow Systems Australia Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 15 November 2021 and, in accordance with s 54, will operate from 22 November 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for approval of the Fast Flow Systems Australia Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The agreement was submitted by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which sought to govern the relationship between the union and the employer for the specified period.

The primary legal issues that the commission needed to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring that it did not prejudice the operation of the safety net provided by the National Employment Standards and other relevant awards. The commission also had to determine if the agreement complied with the provisions regarding the disclosure of information and whether it contained any terms that were inconsistent with the objectives of the Act, such as those aimed at preventing and resolving workplace disputes.

The commission found that the agreement did not include any terms that were inconsistent with the objectives of the Act. It noted that the agreement included provisions for the disclosure of information that met the requirements of the Act. Additionally, the commission determined that the agreement did not prejudice the operation of the safety net provided by the National Employment Standards and other relevant awards. The commission concluded that the agreement was fair and reasonable, and approved it accordingly. As a result, the agreement is now legally binding on the parties and will govern the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established