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

[2021] FWCA 6006

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
(AG2021/7456)

C & S COMMERCIAL PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the C & S Commercial Plumbing 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 C & S Commercial Plumbing 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 27 September 2021 and, in accordance with s 54, will operate from 4 October 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 before the Fair Work Commission was an application for the approval of the C & S Commercial Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant union argued that the agreement should be registered as it complied with the relevant legislative requirements, including the provisions of the Fair Work Act 2009. The applicant sought an order approving the agreement as a registered agreement.

The legal issues that the Commission had to address included whether the agreement met the requirements for registration under the Fair Work Act, specifically if it was genuinely a bargaining agreement between the employer and the employees and whether it contained the necessary minimum terms and conditions. The Commission also had to consider if the agreement was in the public interest and if it complied with the relevant provisions of the Act.

The Fair Work Commission found that the agreement was genuinely a bargaining agreement between the parties, and it contained all the required minimum terms and conditions. The Commission determined that the agreement was in the public interest and did not contain any terms that were contrary to public policy. Consequently, the Commission approved the agreement as a registered agreement, and it became effective from the date of registration.

The Fair Work Commission approved the C & S Commercial Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 as a registered agreement, effective from the date of registration. The agreement now serves as a binding contract between the employer and the employees, setting out their respective rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established