DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5457)

PCD GROUP 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 PCD Group 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 PCD Group 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 case before the Fair Work Commission involved an application for the approval of the Plumbing Enterprise Agreement 2019-2023 between PCD Group Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic). The primary dispute centred on the procedural fairness and the merits of the proposed agreement, with the union challenging certain aspects of the agreement on the grounds of fairness and compliance with the Fair Work Act 2009. The union argued that the agreement failed to adequately address certain employee entitlements and that the bargaining process was not conducted fairly.

The central legal issues the court had to address included whether the agreement met the procedural fairness requirements set out in the Fair Work Act, and if the agreement was fair and reasonable in all its terms. The court needed to determine whether the bargaining process was conducted in good faith and whether the agreement reflected the bargaining positions of both parties equitably. Additionally, the court examined whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it provide for minimum entitlements and protections for employees.

In its decision, the Fair Work Commission considered the evidence provided by both parties regarding the bargaining process and the terms of the agreement. The court found that while there were procedural shortcomings in the bargaining process, these did not significantly impact the fairness of the agreement. The Commission highlighted that the agreement provided for minimum entitlements and included provisions that were fair and reasonable for the employees. The court concluded that despite the procedural flaws, the agreement was fair and should be approved as it provided for adequate protections and benefits for employees and reflected the bargaining positions of both parties.

The final orders of the court approved the Plumbing Enterprise Agreement 2019-2023 between PCD Group Pty Ltd and the union, subject to certain conditions that aimed to address the procedural issues identified. The court mandated that the parties undertake specific steps to ensure compliance with procedural fairness in future bargaining processes. The agreement was thus approved and registered, ensuring its enforceability under the Fair Work Act.

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