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

[2021] FWCA 6546

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
(AG2021/8033)

PATHWAY PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2021

Application for approval of the Pathway Plumbing Services 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 the Pathway Plumbing Services 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 4 November 2021 and, in accordance with s 54, will operate from 11 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 matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Pathway Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 approved. The Fair Work Commission heard the application and was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the requirements set forth in the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement provided for the appropriate bargaining representatives, if it contained the necessary minimum terms and conditions, and if it complied with the good faith bargaining provisions. Additionally, the Commission needed to consider if the agreement was in the best interests of the employees.

The Commission found that the agreement was negotiated in good faith and met the legal requirements for approval. The agreement was negotiated between the union and the employer, and it contained all the necessary minimum terms and conditions as stipulated in the Fair Work Act. The Commission also noted that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Pathway Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from 1 July 2019. The agreement was found to be in compliance with the Fair Work Act and was deemed to be in the best interests of the employees. The approval of the agreement ensures that the employees will benefit from fair and reasonable terms and conditions of employment during the period of the agreement.

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