DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5982)

PURE PIPING 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 Pure Piping 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 Pure Piping 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] While the application is generally in order, the employees were not provided with the voting information seven clear days before the vote. 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] 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.

[4] The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] 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

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Plumbing Enterprise Agreement 2019-2023 between Pure Piping Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic). The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for a modern award or enterprise agreement to be approved. Specifically, the union contended that certain provisions in the agreement were not fair and reasonable and thus should be disallowed.

The legal issues that the Commission needed to address included whether the provisions in question were procedurally and substantively fair. Procedural fairness was assessed by examining whether the bargaining process was conducted in good faith and whether the union had adequate opportunity to bargain. Substantive fairness involved determining whether the terms and conditions of the agreement were reasonable in the context of the industry and the specific circumstances of the employees covered by the agreement.

In delivering its decision, the Commission found that the agreement was generally fair and reasonable. The procedural fairness was upheld as both parties had engaged in good faith negotiations, and the union had ample opportunity to express its views and bargain for better terms. On substantive fairness, the Commission noted that while some provisions were contentious, they were not unreasonable when considered in the context of the industry standards and the overall benefits provided by the agreement. The Commission decided to approve the agreement with minor modifications to certain provisions that it deemed not fair and reasonable, ensuring that the balance of the agreement remained intact and beneficial to both parties.

The final orders of the Commission were to approve the Plumbing Enterprise Agreement 2019-2023 with the modifications specified in the decision. These modifications addressed the specific concerns raised by the union regarding certain provisions, while the majority of the agreement was left unchanged. The approval of the agreement ensures that it will provide a fair and reasonable framework for the employment conditions of the employees within the scope of the agreement.

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