DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5813)

THE WEST FAMILY TRUST T/A PADSTAR PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JULY 2021

Application for approval of The West Family Trust t/a Padstar Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022.

[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 West Family Trust t/a Padstar Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2019 - 2022 (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. 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.

[3] 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 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were The West Family Trust trading as Padstar Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) Plumbing Division. The dispute centred on the approval of a collective agreement between the two parties for the period of 2019 to 2022. The case was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed collective agreement met the necessary standards under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, including those relating to wages, hours of work, and other employment conditions. The Commission also had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it complied with the relevant provisions of the Fair Work Act.

In reaching its decision, the Commission considered the submissions and evidence provided by both parties. The Commission found that the proposed agreement met the necessary standards under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including those relating to wages, hours of work, and other employment conditions. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and that it complied with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the collective agreement between The West Family Trust trading as Padstar Pty Ltd and the CEPU Plumbing Division for the period of 2019 to 2022. The Commission found that the agreement met the necessary standards under the Fair Work Act and provided for fair and reasonable terms and conditions, including those relating to wages, hours of work, and other employment conditions. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and that it complied with the relevant provisions of 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