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

[2021] FWCA 6355

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
(AG2021/7843)

ADVANCED INSULATION & FABRICATIONS AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2021 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 OCTOBER 2021

Application for approval of the Advanced Insulation & Fabrications and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024

[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 Advanced Insulation & Fabrications and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024 (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 20 October 2021 and, in accordance with s 54, will operate from 27 October 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied for approval of the Advanced Insulation & Fabrications and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024. The application was heard in the Fair Work Commission. The application concerned the approval of a collective agreement between the union and the employer, which aimed to regulate the terms and conditions of employment for employees in the plumbing division.

The legal issues before the court were whether the collective agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The court had to determine if the agreement met the requirements for approval, such as whether it was made in good faith, provided for a fair and efficient workplace, and did not discriminate against any group of employees. The court also had to consider whether the agreement was consistent with the national minimum standards of pay and conditions.

The Fair Work Commission found that the collective agreement was made in good faith and was consistent with the national minimum standards. The agreement provided for a fair and efficient workplace and did not discriminate against any group of employees. The court approved the agreement, noting that it contained provisions that were beneficial to both the employees and the employer. The agreement provided for a clear structure of pay rates and conditions, as well as provisions for dispute resolution and employee representation.

The Fair Work Commission approved the Advanced Insulation & Fabrications and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024. The approval of the agreement ensures that employees in the plumbing division will have fair and reasonable terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established