DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5648)

LIQUID VISION PLUMBING GROUP AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2021

Application for approval of the Liquid Vision Plumbing Group 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 Liquid Vision Plumbing Group 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, the employees were not 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 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

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU) and the Liquid Vision Plumbing Group. The union sought approval for the Plumbing Enterprise Agreement 2019-2023 from the Fair Work Commission (FWC). The agreement pertained to the terms and conditions of employment for employees within the plumbing sector. The union argued that the agreement met the requirements under the Fair Work Act 2009 and should be approved, while the employer contested several provisions, claiming they were unfair and not conducive to the business operations.

The central legal issues before the FWC included whether the provisions of the agreement were bona fide, whether they were procedurally fair, and whether they met the 'better off overall test' (BOOT). The union contended that the agreement had been fairly negotiated and provided adequate protections for employees, while the employer argued that certain provisions were overly restrictive and detrimental to their business.

The FWC examined the negotiation process and found that it was conducted in good faith and followed proper procedures. The commission also assessed the provisions against the BOOT, ensuring that employees were not worse off than under the previous agreement or applicable awards. While the FWC made some amendments to address the employer's concerns, it ultimately determined that the agreement was fair and should be approved. The FWC emphasised the importance of balancing the rights of employees with the operational needs of the employer.

The FWC approved the Plumbing Enterprise Agreement 2019-2023 with modifications to certain provisions. The employer was directed to implement the agreement as approved, and the union was granted the right to enforce the agreement. The decision highlighted the need for fair negotiations and the importance of protecting employees' rights while allowing for reasonable business operations.

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