DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5800)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JULY 2021

Application for approval of the Professional Plumbing Contractors 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 Professional Plumbing Contractors 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, not all employees were provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. 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 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.

[5] The Agreement was approved on 7 July 2021 and, in accordance with s 54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union, and Professional Plumbing Contractors Pty Ltd, the employer, the Fair Work Commission was tasked with considering an application for the approval of the 2019-2023 Plumbing Enterprise Agreement. The union and the employer had entered into a bargaining agreement, and the union sought the commission's approval of the agreement under the Fair Work Act 2009. The primary issue before the commission was whether the agreement met the requirements for approval under the act. Specifically, the union needed to demonstrate that the agreement was made in good faith and that it complied with the provisions of the act, including the fair work provisions.

The union argued that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The employer, on the other hand, raised concerns about the agreement's compliance with certain provisions of the act, including the requirement for genuine bargaining and the need for the agreement to promote workplace harmony. The commission considered the evidence presented by both parties and examined the agreement's provisions. Ultimately, the commission found that the agreement had been negotiated in good faith and that it complied with the requirements of the act. The commission noted that the agreement provided for a fair and reasonable set of terms and conditions of employment, and that it promoted workplace harmony.

Having found that the agreement met the requirements for approval, the commission approved the 2019-2023 Plumbing Enterprise Agreement. The union and the employer were directed to take all necessary steps to give effect to the agreement, including by ensuring that it was brought to the attention of all relevant employees. The commission's decision provides important guidance for unions and employers seeking to negotiate and approve enterprise agreements under the Fair Work Act 2009. It underscores the importance of genuine bargaining and the need for agreements to promote workplace harmony and provide for fair and reasonable terms and conditions of employment.

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