DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6574)

D&E AIRCONDITIONING PTY LTD AND CEPU - (WA) PLUMBING DIVISION MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2021-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 AUGUST 2021

Application for approval of the D&E Airconditioning Pty Ltd and CEPU - (WA) Plumbing division Mechanical Plumbing Enterprise Agreement 2021-2023.

[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 D&E Airconditioning Pty Ltd and CEPU - (WA) Plumbing division Mechanical Plumbing Enterprise Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and 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, 188 and 190 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 18 August 2021 and, in accordance with s 54, will operate from 25 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512796 PR732958>
Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the D&E Airconditioning Pty Ltd and CEPU - (WA) Plumbing division Mechanical Plumbing Enterprise Agreement 2021-2023. The union sought the commission's approval of the agreement, which had been negotiated between the employer and the union. The employer, D&E Airconditioning Pty Ltd, and the union, CEPU, represented the employees in the mechanical plumbing sector. The dispute centred around the terms and conditions of employment, including wages, working hours, and other employment-related matters, as stipulated in the proposed enterprise agreement.

The legal issues the court was required to decide centred around whether the proposed enterprise agreement complied with the relevant legislative provisions, including the Fair Work Act 2009. The court had to consider whether the agreement met the requirements for good faith bargaining, the protection of employee rights, and the avoidance of unprotected industrial action. The court also had to assess whether the agreement provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The commission found that the agreement had been negotiated in good faith and provided for a fair and reasonable outcome for both the employer and the employees. The commission also found that the agreement provided adequate protections for employee rights and avoided unprotected industrial action. The commission approved the agreement, subject to certain modifications, including changes to the definition of casual employees and the inclusion of a dispute resolution clause. The modifications were made to ensure that the agreement complied with the relevant legislative provisions and provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the D&E Airconditioning Pty Ltd and CEPU - (WA) Plumbing division Mechanical Plumbing Enterprise Agreement 2021-2023, subject to certain modifications. The modifications included changes to the definition of casual employees and the inclusion of a dispute resolution clause. The commission found that the agreement met the requirements of the Fair Work Act 2009 and provided for a fair and reasonable outcome for both the employer and the employees. The modifications were made to ensure that the agreement complied with the relevant legislative provisions and provided adequate protections for employee rights.

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