DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5517)

O.P. INDUSTRIES (MELBOURNE) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JUNE 2021

Application for approval of the O.P. Industries (Melbourne) 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 the O.P. Industries (Melbourne) 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), I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 15 June 2021 and, in accordance with s 54, will operate from 22 June 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 involved an application for the approval of a plumbing enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and O.P. Industries (Melbourne) Pty Ltd. The application was brought before the Fair Work Commission (FWC). The agreement sought to cover the period from 2019 to 2023 and aimed to set out the terms and conditions of employment for employees in the plumbing division of O.P. Industries.

The legal issues before the FWC involved whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a safety net of minimum terms and conditions, whether it was free from prohibited content, and whether it was appropriately certified. The union and the employer argued that the agreement was appropriate, while any intervening parties contended otherwise.

The FWC considered the arguments presented and examined the agreement in detail. The FWC found that the agreement provided for a safety net of minimum terms and conditions, was free from prohibited content, and was appropriately certified. The FWC noted that the agreement contained provisions that went beyond the minimum entitlements set out in the relevant award and provided for a range of benefits for employees. The FWC also found that the agreement had been certified in accordance with the relevant provisions of the Fair Work Act.

The FWC approved the agreement, and it will now be registered with the Fair Work Ombudsman. The agreement will apply to employees in the plumbing division of O.P. Industries from 1 July 2019 until 30 June 2023. The FWC's decision is final and binding, and cannot be appealed.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

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