DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5555)

HASS PUMPS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2021

Application for approval of the Hass Pumps 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 Hass Pumps 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, 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 16 June 2021 and, in accordance with s 54, will operate from 23 June 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 case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU - Plumbing Division (Vic), to the Fair Work Commission for the approval of the Hass Pumps Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The application was opposed by Hass Pumps Pty Ltd, which raised concerns about the fairness and compliance of the agreement with relevant industrial laws.

The primary legal issues before the court were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including the provisions concerning the "better off overall test" (BOOT) and the "no disadvantage test" (NDT). The court had to determine if the agreement fairly reflected the balance of bargaining power between the parties and ensured that employees were not worse off than under the applicable award or previous agreement.

In considering these issues, the Fair Work Commission evaluated the evidence presented by both parties. The Commission noted that the agreement contained provisions for pay rates, conditions of employment, and dispute resolution mechanisms. It found that the agreement had been negotiated in good faith and that it provided for reasonable terms and conditions for employees. The Commission also considered the BOOT and NDT, concluding that the agreement did not disadvantage employees and met the legal requirements for approval. Consequently, the Commission approved the agreement, finding it to be fair and compliant with the relevant industrial laws.

The final orders of the Fair Work Commission were that the Hass Pumps Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved and registered as a valid enterprise agreement under the Fair Work Act 2009. The approval took effect from the date of the decision, and the agreement became binding on the parties and their employees.

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