DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5615)

TOTAL INSULATION VICTORIA PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2021

Application for approval of the Total Insulation Victoria 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 Total Insulation Victoria 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 25 June 2021 and, in accordance with s 54, will operate from 2 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 to approve the Total Insulation Victoria Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The application was contested by Total Insulation Victoria Pty Ltd. The central issue revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated the efficient and productive operation of the employer's business and whether it adhered to the provisions for good faith bargaining and protection of employees' rights.

The Commission examined the terms of the agreement and the processes leading to its negotiation. It considered whether the agreement provided for the efficient and productive operation of the employer's business and if it included terms that were reasonable in the circumstances. The Commission also assessed whether the agreement was made in good faith and if it provided adequate protections for employees, including those not party to the agreement. Total Insulation Victoria Pty Ltd argued that certain terms of the agreement were not conducive to the efficient operation of its business, while the union maintained that the agreement was fair and reasonable.

After considering the submissions from both parties, the Commission concluded that the agreement met the statutory requirements for approval. The Commission found that the agreement facilitated the efficient and productive operation of the employer's business, was made in good faith, and provided adequate protections for employees. The Commission highlighted that the agreement included provisions for fair and reasonable terms, which aligned with the objectives of the Fair Work Act 2009. Consequently, the application for approval was successful.

The Fair Work Commission approved the Total Insulation Victoria Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, finding it met the statutory requirements for approval. The agreement was deemed to facilitate the efficient and productive operation of the employer's business and to be made in good faith, providing adequate protections for employees. The Commission's decision provided clarity on the application of the Fair Work Act 2009 to enterprise agreements and reinforced the importance of good faith bargaining in the negotiation process.

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