DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5770)

LAGWELL INSULATION 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 Lagwell Insulation 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 Lagwell Insulation 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] 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 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.

[3] 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.

[4] 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

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was involved in an application for the approval of the Lagwell Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The matter arose as a result of the union's application to the Commission to have the enterprise agreement declared as having been fairly and properly negotiated, and for the agreement to be approved. The employer, Lagwell Insulation Pty Ltd, did not oppose the application.

The central legal issue before the Commission was whether the enterprise agreement had been fairly and properly negotiated in accordance with the Fair Work Act 2009. The Commission needed to determine if the agreement met the criteria for approval, specifically if it contained minimum terms and conditions, and if it was free from any illegality or unfairness. Additionally, the Commission had to consider if the agreement had been negotiated in good faith and whether it contained appropriate mechanisms for the resolution of disputes.

The Fair Work Commission found that the enterprise agreement had indeed been fairly and properly negotiated. The agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act, and there were no elements of illegality or unfairness. The Commission also concluded that the agreement was the product of good faith negotiations and included adequate mechanisms for dispute resolution. Therefore, the Commission approved the application for the agreement to be registered.

In light of the findings, the Fair Work Commission approved the Lagwell Insulation Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The agreement was registered and will now serve as the basis for the employment conditions of the employees covered by the agreement. This decision reinforces the importance of fair and proper negotiation processes in the creation of enterprise agreements, ensuring that the rights and interests of both employers and employees are adequately protected.

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