DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5466)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JUNE 2021

Application for approval of the Superlag 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 Superlag 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 11 June 2021 and, in accordance with s 54, will operate from 18 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 Fair Work Commission heard an application for the approval of a new enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Superlag Pty Ltd. The agreement covered employees in the Plumbing Division for the period 2019 to 2023. The dispute centred around whether the agreement met the statutory requirements for approval, including the proper consultation process and the agreement's alignment with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the union had adequately consulted with its members, whether the agreement complied with the requirements of the Fair Work Act, and whether the agreement was in the best interests of the employees. Specifically, the Commission had to consider whether the union had taken reasonable steps to inform members about the agreement and whether the agreement provided fair and reasonable terms for the employees. The Commission also examined whether the agreement contained all the prescribed minimum terms and conditions as stipulated by the Act.

In its decision, the Commission found that the union had not provided adequate information to its members about the proposed agreement, which was a significant breach of the consultation requirements. Despite this, the Commission acknowledged the overall fairness of the agreement's terms and conditions, which provided for a reasonable balance of interests between the employer and employees. Considering these factors, the Commission approved the agreement, noting the need for improved consultation processes in future negotiations.

The Commission's final order was that the Superlag Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved, subject to certain conditions, including the requirement for the union to implement better consultation practices in future bargaining processes. The approval took effect from the date of the decision, providing certainty for both the employer and employees regarding the terms of employment for the specified period.

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