DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6595)

ALOHA POOLS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 AUGUST 2021

Application for approval of the Aloha Pools 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 Aloha Pools 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] 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, brought an application to the Fair Work Commission to approve an enterprise agreement between Aloha Pools Pty Ltd and the CEPU – Plumbing Division (Vic). The agreement covered a period from 2019 to 2023 and was subject to dispute, necessitating the intervention of the Commission. The central legal issues the Court had to address were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the standards of genuine agreement and fairness.

The Fair Work Commission considered whether the agreement was genuinely agreed upon by the parties and whether it adhered to the procedural and substantive requirements of the Fair Work Act. The Commission examined the negotiation process, the content of the agreement, and its implications for the employees and the employer. The Court focused on whether the agreement provided for fair terms and conditions, and if it was consistent with the provisions of the Act that ensure minimum standards are met. Additionally, the Court assessed whether the agreement contained provisions that were beyond the scope of the enterprise or were inconsistent with the law.

The Fair Work Commission concluded that the agreement was genuinely negotiated and met all the statutory requirements. The Court found that the negotiation process was robust and that the agreement was fair and reasonable. The Commission noted that the agreement provided for appropriate terms and conditions and did not contain any unlawful provisions. The Court was satisfied that the agreement was consistent with the provisions of the Fair Work Act and met the standards of genuine agreement and fairness. Consequently, the Court approved the agreement, enabling it to be enforced as a legally binding contract between the parties.

The final order of the Fair Work Commission was that the Aloha Pools Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023 be approved. This decision allows the agreement to come into effect and be binding on the parties, ensuring that the terms and conditions set out in the agreement are enforceable in accordance with the Fair Work Act.

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