DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5563)

EXHAUST CONTROL INDUSTRIES 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 Exhaust Control Industries 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 Exhaust Control Industries 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Exhaust Control Industries Pty Ltd, with the dispute centred on the approval of the Exhaust Control Industries Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The matter was heard in the Fair Work Commission, an Australian independent statutory body with responsibility for the resolution of workplace disputes and the promotion of workplace relations system objectives. The Union sought approval for the enterprise agreement, which detailed terms and conditions of employment for employees in the plumbing industry. The company contested the application on several grounds, including concerns about the agreement's fairness and the process through which it was negotiated.

The central legal issues before the Commission were whether the enterprise agreement was fairly negotiated and if it complied with the relevant legislative requirements. Specifically, the Commission had to determine if the agreement was made in good faith, as per the Fair Work Act 2009, and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009. The company argued that the agreement did not meet these standards and requested additional protections for employees. The Union, on the other hand, contended that the agreement was fairly negotiated and adequately protected employees' interests.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was fairly negotiated and complied with the relevant legislation. The Commission determined that the Union had acted in good faith and that the agreement was consistent with the objectives of the Fair Work Act 2009. The Commission also found that the agreement provided adequate protections for employees, including provisions for wages, working conditions, and dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement, and the Union's application for approval was successful. The decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and in accordance with the law, while also providing adequate protections for 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