DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5771)

2 STAGE SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JULY 2021

Application for approval of the 2 Stage Services 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 2 Stage Services 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 5 July 2021 and, in accordance with s 54, will operate from 12 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

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the 2 Stage Services Pty Ltd. The union sought approval of a proposed enterprise agreement between itself and the company's plumbing division in Victoria. The case was heard in the Fair Work Commission.

The central legal issues revolved around whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the necessary minimum terms and conditions and if the process by which the agreement was made was fair and appropriate. The union argued that the agreement was fair and just, while the company raised concerns about certain provisions.

The Fair Work Commission found that the agreement did contain the required minimum terms and conditions and was made in accordance with the Act. The court considered various factors, including the nature of the bargaining process, the fairness of the agreement's terms, and the overall context of the agreement. The union had demonstrated that it had followed a fair and appropriate process in reaching the agreement, and the terms of the agreement were fair and reasonable. Consequently, the court approved the agreement.

In light of its findings, the Fair Work Commission approved the 2 Stage Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The agreement was to be registered with the Fair Work Commission and would be binding on the parties for the specified period. The decision confirmed the union's right to negotiate and enter into enterprise agreements with employers, subject to the requirements of the Fair Work Act 2009.

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