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

[2021] FWCA 6449

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
(AG2021/7955)

EQUAL AIR PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2021

Application for approval of the Equal Air 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 Equal Air 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 27 October 2021 and, in accordance with s 54, will operate from 3 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Equal Air Pty Ltd, applied to the Fair Work Commission for the approval of the Equal Air Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute arose due to disagreements between the parties regarding the terms and conditions of employment, particularly concerning wages, allowances, and other benefits. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement provided for fair and reasonable terms and conditions, whether it complied with the procedural fairness requirements, and whether it met the specific criteria outlined in the Fair Work Act 2009. The Commission needed to assess the fairness of the agreement by considering factors such as the nature of the bargaining process, the parties' relative bargaining power, and the substantive terms of the agreement itself.

After reviewing the evidence and submissions from both parties, the Commission concluded that the proposed enterprise agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it complied with the procedural fairness requirements. The Commission also determined that the agreement met the specific criteria outlined in the Fair Work Act 2009, including the provisions for dispute resolution and the protection of employee rights. Consequently, the Commission approved the Equal Air Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

In light of the above findings, the Fair Work Commission approved the Equal Air Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from the date of the decision. The agreement now binds all employees covered by the agreement and will remain in effect until the end of the specified term, unless otherwise terminated or varied in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established