DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6625)

BEACONSFIELD ROOFING AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2021

Application for approval of the Beaconsfield Roofing 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 Beaconsfield Roofing 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 20 August 2021 and, in accordance with s 54, will operate from 27 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Beaconsfield Roofing and CEPU - Plumbing Division (Vic) (the Employer). The Union sought approval of the Beaconsfield Roofing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the agreement met the requirements under the Fair Work Act 2009, particularly regarding the inclusion of a clause that potentially allowed for the payment of wages below the award rate.

The Union argued that the agreement was a genuine enterprise agreement, meeting all necessary statutory requirements. The Employer maintained that the clause in question, which permitted lower wages under certain conditions, did not comply with the Fair Work Act. The court had to determine if the clause was permissible under the act and whether the overall agreement was an authentic enterprise agreement.

The Fair Work Commission found that the clause in question did not contravene the Fair Work Act, as it was narrowly tailored and met the criteria for a genuine enterprise agreement. The court emphasised the importance of ensuring that such agreements genuinely represented the interests of the employees and adhered to the legal requirements set out in the act. The overall agreement was approved, with the condition that the clause be subject to future review to ensure continued compliance with the act.

The final order was that the Beaconsfield Roofing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved, subject to the ongoing compliance of the clause in question with the Fair Work Act. The court also mandated that the agreement be subject to review in the future to ensure continued adherence to legal standards.

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