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

[2021] FWCA 6647

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
(AG2021/8195)

DANDY THERMAL INSULATIONS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 NOVEMBER 2021

Application for approval of the Dandy Thermal Insulations Pty Ltd and CEPU - Plumbing Division (Vic) 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 Dandy Thermal Insulations Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing 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] 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.

[3] The CEPU, 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 its declaration, I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 11 November 2021 and, in accordance with s 54, will operate from 18 November 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

The Fair Work Commission heard an application for approval of the Dandy Thermal Insulations Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant, the union, sought to have the agreement registered on the Register of Approved Terms under the Fair Work Act 2009. The employer, Dandy Thermal Insulations Pty Ltd, did not oppose the application.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This involved examining if the agreement was made in good faith, whether it contained the minimum entitlements prescribed by the Act, and if the agreement was properly certified by the relevant certifier. Additionally, the Commission needed to assess whether the agreement met the procedural requirements, such as if proper consultation had occurred and if any unfair provisions were present.

In reaching its decision, the Commission considered the terms of the agreement, the evidence provided by both parties, and the applicable legal standards. The Commission found that the agreement was made in good faith and contained all the minimum entitlements required by the Act. The procedural requirements were also satisfied, with evidence of proper consultation and certification. The Commission concluded that the agreement was fair and appropriate for registration, thus approving the application.

The Fair Work Commission orders that the Dandy Thermal Insulations Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved and registered on the Register of Approved Terms under the Fair Work Act 2009.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established