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

[2021] FWCA 5877

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
(AG2021/7314)

NATIONAL PLUMBING & CONTRACTING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 SEPTEMBER 2021

Application for approval of the National Plumbing & Contracting 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 National Plumbing & Contracting 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] While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[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 17 September 2021 and, in accordance with s 54, will operate from 24 September 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the National Plumbing & Contracting Pty Ltd and CEPU - Plumbing Division (Vic), brought forward an application for the approval of the 2019 - 2023 Plumbing Enterprise Agreement. The agreement in question pertains to the terms and conditions of employment for employees within the plumbing industry, specifically those under the jurisdiction of the National Plumbing & Contracting Pty Ltd and CEPU - Plumbing Division (Vic). The primary dispute centred on whether the proposed agreement met the necessary legal standards and whether it should be approved and registered under the Fair Work Act 2009.

The court was tasked with determining several key legal issues, including whether the agreement complied with the formal requirements set out in the Fair Work Act, such as whether it was in writing and whether it had been appropriately certified by the relevant industrial body. Additionally, the court needed to assess whether the agreement provided adequate protections and benefits for the employees, and whether it adhered to the principles of enterprise bargaining as outlined in the Fair Work Act. The court also considered whether the agreement was made in good faith, and whether any provisions within the agreement contravened the provisions of the Fair Work Act.

After reviewing the evidence and submissions presented by both parties, the Fair Work Commission concluded that the Plumbing Enterprise Agreement met all the necessary legal requirements for approval. The agreement was found to be in writing, appropriately certified, and it provided fair and reasonable terms for the employees. The court was satisfied that the agreement was the product of genuine negotiations and did not contravene any provisions of the Fair Work Act. As a result, the Fair Work Commission approved and registered the 2019 - 2023 Plumbing Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, National Plumbing & Contracting Pty Ltd and CEPU - Plumbing Division (Vic). This decision ensures that the agreement will serve as the basis for the terms and conditions of employment for the employees covered by the agreement during the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established