DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6736)

ALLEN INSULATIONS (VIC) PTY AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 AUGUST 2021

Application for approval of the Allen Insulations (Vic) 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 Allen Insulations (Vic) 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, employees were not given a copy of the notice of employee representational rights within 14 days of the notification time. However, in all the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied 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. 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 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 the declaration provided by the organisation, I note that the Agreement covers the CEPU. The Agreement was approved on 23 August 2021 and, in accordance with s 54, will operate from 30 August 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 involved an application for the approval of the Allen Insulations (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The primary parties involved were the employer, Allen Insulations, and the union, CEPU - Plumbing Division. The nature of the dispute centred around the formal approval of the terms of the enterprise agreement, which outlines the conditions of employment for the workers in the plumbing industry under the specified period. The case was heard by the Fair Work Commission, which has the jurisdiction to assess and approve enterprise agreements to ensure they meet the necessary legal standards.

The legal issues that the Fair Work Commission had to decide upon included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly sections relating to the procedural fairness, the mandatory terms, and the public interest. The Commission also considered whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. A significant aspect of the decision was to determine if the agreement met the requirements for a "single, integrated, and coherent" agreement, as well as ensuring it did not undermine the protections afforded to employees under the Fair Work Act.

The Fair Work Commission found that the agreement was compliant with the legislative requirements. The Commission was satisfied that the agreement was made in good faith and adhered to the procedural fairness. It concluded that the agreement was a single, integrated, and coherent document and did not undermine the protections provided under the Fair Work Act. The Commission also noted that the agreement provided for a fair and efficient workplace and was beneficial to both the employer and the employees. Consequently, the Fair Work Commission approved the Allen Insulations (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, which would now govern the employment conditions for the workers covered by the agreement for the specified period. The approval was based on the findings that the agreement met all the legal requirements and was in the best interest of both the employer and the employees. The decision underscored the importance of ensuring that enterprise agreements are comprehensive, fair, and in compliance with the relevant legislation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established