DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6412)

M & G GARDEN SPRINKLERS AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2021

Application for approval of the M & G Garden Sprinklers 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 M & G Garden Sprinklers 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 4 August 2021 and, in accordance with s 54, will operate from 11 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, representing plumbing workers, sought approval of an enterprise agreement with a particular employer. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union argued that the agreement provided fair and reasonable terms for the employees, while the employer contested certain provisions, claiming they were unjust and not in line with industry standards.

The central legal issues before the Commission were whether the agreement's provisions were fair and reasonable, and whether they complied with the relevant legislative requirements. The Commission had to consider the balance of rights and obligations, the fairness of the terms to both parties, and the overall impact on the employees. The union contended that the agreement was fair, while the employer argued that certain clauses were unreasonable and should be disallowed.

In examining the provisions of the agreement, the Commission found that while most of the terms were reasonable and fair, some clauses were indeed unfair to the employer. The Commission carefully weighed the evidence and arguments from both parties before making its decision. It ultimately decided that the agreement, with certain modifications to address the unfair provisions, was fair and reasonable overall. Consequently, the Commission approved the agreement subject to these modifications.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2019 - 2023, subject to specific changes to address the unfair provisions contested by the employer. The modifications were aimed at ensuring that the agreement met the requirements of fairness and reasonableness as prescribed by the Fair Work Act. The employer and the union were directed to implement the agreed changes, and the agreement would then be binding on the parties for the specified period.

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