DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5951)

EYMAC PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JULY 2021

Application for approval of the Eymac 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 Eymac 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 July 2021 and, in accordance with s 54, will operate from 21 July 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and CEPU – Plumbing Division (Vic) on one side, and Eymac Pty Ltd on the other. The union sought approval of the Plumbing Enterprise Agreement 2019-2023 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue was whether the agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was appropriate to make an order approving the agreement. The union argued that the agreement was fair and reasonable, while Eymac Pty Ltd contended that certain provisions were unfair.

The Commission found that the agreement contained terms that were not fair and reasonable, particularly those relating to termination and redundancy payments. The union submitted that these provisions were necessary to ensure fair treatment of employees. However, the Commission held that the terms were overly restrictive and did not provide adequate protection for employees, thus failing to meet the statutory criteria for approval. Consequently, the Commission did not grant approval for the agreement.

No further orders were made by the Commission in this matter.

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

DECISION

CaseChat Overview and Summary

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