DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5425)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2021

Application for approval of the ITI 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 ITI 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 all 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 9 June 2021 and, in accordance with s 54, will operate from 16 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 (the "Union") and ITI Group Pty Ltd and CEPU - Plumbing Division (Vic) (the "Employers"). The Union sought approval of the ITI Group Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the "Agreement") under the Fair Work Act 2009. The Union argued that the Agreement met the legal requirements for approval and should be registered by the Fair Work Commission (the "Commission").

The primary legal issue before the Commission was whether the Agreement complied with the relevant provisions of the Fair Work Act, particularly regarding the process of its negotiation, the terms it contained, and whether it was in the best interests of the employees. The Union contended that the Agreement had been fairly negotiated, contained reasonable terms, and was in the best interests of the employees. The Employers did not challenge the negotiation process or the terms of the Agreement but questioned whether it was in the best interests of the employees.

The Commission found that the Agreement had been fairly negotiated and contained reasonable terms. It considered the evidence provided by both parties and concluded that the Agreement met the legal requirements for approval. The Commission found that the Agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. It also found that the Agreement was in the best interests of the employees as it provided for adequate protection and benefits, and did not unfairly disadvantage any group of employees. The Commission approved the Agreement and ordered its registration.

The Fair Work Commission approved the ITI Group Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 and ordered its registration. The Agreement will now be legally binding on the Employers and the employees covered by the Agreement. The Union and the Employers are required to comply with the terms of the Agreement, which will govern the employment conditions of the employees for the period of the Agreement.

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