DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5689)

PO INSULATION PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2021

Application for approval of the Po 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 Po 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.

[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 28 June 2021 and, in accordance with s 54, will operate from 5 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

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") for the approval of the Po Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023 (the "Agreement"). The Applicant sought to have the Agreement registered as a new, single-enterprise, green-field agreement. The dispute centered around the terms and conditions of employment, wages, and other working conditions contained within the Agreement, and the fairness and effectiveness of these provisions for employees in the specified industry.

The primary legal issues the Commission needed to address were whether the Agreement was a genuine enterprise agreement, whether it provided for the fair and reasonable terms and conditions of employment, and if it complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine whether the Agreement was negotiated in good faith, whether it covered all employees within the specified enterprise, and whether the terms and conditions were fair and reasonable.

The Fair Work Commission, after examining the evidence and submissions from both the Applicant and other parties, found that the Agreement was a genuine enterprise agreement, negotiated in good faith. The Commission concluded that the terms and conditions of the Agreement were fair and reasonable, and that the Agreement complied with the statutory requirements. The Commission was satisfied that the Agreement provided for the fair and reasonable terms and conditions of employment for employees in the specified enterprise and that it was an effective means of resolving workplace issues. The Commission approved the Agreement and ordered it to be registered as a new, single-enterprise, green-field agreement.

The Commission's decision was based on a comprehensive analysis of the evidence and submissions, as well as its consideration of relevant legal principles and precedents. The approval of the Agreement was a significant outcome for the parties involved, as it provided certainty and stability in the workplace, and addressed the needs and interests of both employers and employees in the specified industry.

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