DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5418)

TANK INDUSTRIES AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JUNE 2021

Application for approval of the Tank Industries 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 Tank Industries 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 8 June 2021 and, in accordance with s 54, will operate from 15 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 matter before the Fair Work Commission involved an application for the approval of the Tank Industries and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the respondent was Tank Industries Pty Ltd. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on procedural fairness and the process of employee consultation.

The legal issues at hand required the Commission to examine whether the agreement had been appropriately negotiated and whether the process of consultation with the employees was conducted in a manner that met the statutory requirements. The Commission also needed to consider whether the agreement provided for the proper treatment of employees, including fair and reasonable terms and conditions of employment. Additionally, the Commission had to determine whether the agreement complied with the public interest considerations outlined in the Fair Work Act.

The Fair Work Commission found that the agreement had been negotiated in good faith and that the consultation process was adequate, meeting the statutory requirements. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, and it provided for the proper treatment of employees. Furthermore, the agreement was deemed to comply with the public interest considerations. Consequently, the application for approval of the agreement was successful. The Fair Work Commission approved the Tank Industries and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

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