DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5829)

VALUE ADDED LABOUR SERVICES PTY LTD AND NORTHERN NSW COMMERCIAL PLUMBING AND MECHANICAL UNION COLLECTIVE AGREEMENT 2021 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2021

Application for approval of the Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2021 - 2024.

[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 Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2021 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[3] The Agreement was approved on 9 July 2021 and, in accordance with s 54, will operate from 16 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was heard in the Fair Work Commission (FWC) by Commissioner F. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), sought approval of the Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2021-2024 (the Agreement). The Union argued that the Agreement met the requirements of the Fair Work Act 2009 and should be approved. The application was opposed by the employer, Value Added Labour Services Pty Ltd, which argued that the Agreement did not meet certain requirements of the Act and should not be approved.

The central legal issue before the FWC was whether the Agreement complied with the requirements of the Fair Work Act and, in particular, whether it met the requirements for enterprise agreements under the Act. The employer raised several objections, including that the Agreement did not contain a genuine enterprise agreement, did not provide for the terms and conditions of employment, and did not meet the requirements for the agreement to be in writing. The Union argued that the Agreement met all the requirements of the Act and was a genuine enterprise agreement.

The FWC found in favour of the Union and approved the Agreement. The FWC found that the Agreement met all the requirements of the Fair Work Act, including that it was a genuine enterprise agreement and provided for the terms and conditions of employment. The FWC rejected the employer's objections, finding that the Agreement was in writing and contained all the required terms and conditions. The FWC found that the Agreement was fair and reasonable and should be approved.

The FWC approved the Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2021-2024. The Agreement was registered with the FWC and became a registered enterprise agreement under 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