DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5808)

PREFAB SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JULY 2021

Application for approval of the Prefab Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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 Prefab Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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] While the application is generally in order, the copy of the notice of employee representational rights (NERR) that was given to the employees was not in the prescribed form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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.

[5] 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), I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 July 2021 and, in accordance with s 54, will operate from 28 July 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Prefab Solutions Pty Ltd (Prefab), with the Union seeking approval of the Mechanical Enterprise Agreement 2019-2023 (the Agreement) between the Union and Prefab. The Union's application was heard in the Fair Work Commission (the Commission), which was required to determine whether the Agreement met the criteria for registration under the Fair Work Act 2009 (Cth).

The primary legal issue before the Commission was whether the Agreement satisfied the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement be in writing, specify the terms and conditions of employment, and be approved by a majority of the employees involved. The Commission also needed to consider whether the Agreement was made in accordance with the principles of good faith bargaining and whether it contained provisions that were contrary to public policy or not in the best interests of the employees.

The Commission found that the Agreement complied with the legislative requirements and was made in good faith. It determined that the Agreement was fair and reasonable, and met the criteria for registration. The Commission emphasised that the Agreement contained provisions that were beneficial to the employees, such as provisions for additional leave, overtime payments, and the inclusion of a dispute resolution process. The Commission also found that the Agreement did not contain any provisions that were contrary to public policy or not in the best interests of the employees.

In light of the above, the Commission approved the Agreement. The Union was granted leave to register the Mechanical Enterprise Agreement 2019-2023, which became a registered agreement under the Fair Work Act. The Agreement is now binding on Prefab and the Union's members employed by Prefab, providing them with the terms and conditions of their employment.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established