DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6576)

L.U. SIMON BUILDERS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) - PLUMBING ENTERPRISE AGREEMENT 2020 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 AUGUST 2021

Application for approval of the L.U. Simon Builders Pty Ltd and CEPU – Plumbing Division (Vic) - Plumbing Enterprise Agreement 2020 – 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 L.U. Simon Builders Pty Ltd and CEPU – Plumbing Division (Vic) - Plumbing Enterprise Agreement 2020 – 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 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.

[4] The Agreement was approved on 13 August 2021 and, in accordance with s 54, will operate from 20 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 dispute before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and L.U. Simon Builders Pty Ltd, along with the CEPU – Plumbing Division (Vic). The Union sought approval of the Plumbing Enterprise Agreement 2020 – 2023, which had been negotiated between the parties. The Commission was required to determine whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009.

The central legal issue for the Commission to address was whether the proposed agreement contained provisions that were contrary to the principles of the Fair Work Act, particularly concerning the protection of employee rights and the avoidance of unfair dismissals. The Commission also needed to assess whether the agreement provided adequate protections for employees and whether it contained any clauses that could be seen as discriminatory or oppressive. Furthermore, the Commission had to ensure that the agreement did not unfairly disadvantage any group of employees and that it provided a fair and equitable framework for the resolution of workplace disputes.

After thorough examination of the agreement, the Commission found that the agreement did not contravene the principles of the Fair Work Act. The provisions of the agreement were deemed to be fair and reasonable, providing adequate protections for employees without being oppressive or discriminatory. The Commission was satisfied that the agreement contained mechanisms for resolving disputes in a fair and equitable manner and that it did not unfairly disadvantage any group of employees. Therefore, the Commission approved the Plumbing Enterprise Agreement 2020 – 2023, noting its compliance with the necessary legal standards.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2020 – 2023, effective from the date of the decision, subject to any minor amendments that may be required to address any technical or clerical errors. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for the duration of its term.

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