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

[2021] FWCA 6447

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
(AG2021/7949)

VECTOR FOILTEC AUSTRALIA 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 Vector Foiltec Australia 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 Vector Foiltec Australia 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

The applicant union, representing plumbing workers, sought the court's approval for an enterprise agreement with Vector Foiltec Australia Pty Ltd. The agreement in question was for the period 2019 to 2023. The union argued that the agreement had been fairly and appropriately negotiated and met the necessary legal standards. The case was heard by the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the court involved determining whether the agreement was genuinely negotiated and whether it complied with the Fair Work Act 2009. Specifically, the court needed to examine whether the union had genuinely represented its members' interests and whether the agreement contained provisions that met the statutory requirements. The court also considered whether the agreement was in the best interests of the employees and whether it complied with any relevant national employment standards.

The Fair Work Commission found that the agreement had been genuinely negotiated and represented the interests of the employees. The court noted that the union had taken reasonable steps to ensure that its members were informed of the negotiations and had an opportunity to participate. The agreement was found to comply with the statutory requirements, including provisions for minimum wages and conditions. The court concluded that the agreement was in the best interests of the employees and approved the enterprise agreement.

The Fair Work Commission approved the Vector Foiltec Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from the date of the decision. The court's approval ensures that the agreement is legally binding and that the terms and conditions outlined in the agreement are enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established