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

[2021] FWCA 6124

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
(AG2021/7675)

2119 SERVICES PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 OCTOBER 2021

Application for approval of the 2119 Services Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022

[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 2119 Services Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 5 October 2021 and, in accordance with s 54, will operate from 12 October 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, also known as the CEPU, and 2119 Services Pty Ltd. The dispute centred on the approval of a collective agreement between the CEPU and the respondent company for the period 2019 to 2022. The matter was heard in the Fair Work Commission.

The primary legal issue before the Court was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Court needed to determine whether the agreement was a genuine enterprise agreement and whether it complied with the relevant provisions of the Act. The Court was also required to consider whether the agreement contained terms that were outside the scope of what could be included in a lawful agreement.

The Court found that the agreement was a genuine enterprise agreement and that it complied with the requirements of the Fair Work Act. The Court noted that the agreement contained terms that were within the scope of what could be included in a lawful agreement, and that the parties had followed the necessary bargaining process. The Court also found that the agreement contained appropriate dispute resolution mechanisms and that it did not contain any terms that were contrary to public policy. Based on these findings, the Court approved the agreement.

As a result of the Court's decision, the collective agreement between the CEPU and 2119 Services Pty Ltd was approved and is now in effect for the period 2019 to 2022. The Court's decision provides clarity and certainty for both the parties and their employees, and ensures that the agreement is compliant with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established