DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5419)

SYNERGY ACCESS SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JUNE 2021

Application for approval of the Synergy Access Solutions 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 Synergy Access Solutions 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 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Synergy Access Solutions Pty Ltd, with a specific focus on the proposed Plumbing Enterprise Agreement for the period 2019 to 2023. The union sought approval of this agreement under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment within the plumbing sector, including wages, hours of work, and other employment-related matters.

The primary legal issues before the commission were whether the agreement met the requirements of the Fair Work Act, particularly in terms of ensuring that the agreement provided for fair and reasonable terms and conditions of employment. This involved an assessment of whether the agreement included provisions that were genuinely negotiated between the parties, whether it was fair and reasonable in the sense that it provided for a safety net of minimum terms and conditions, and whether it complied with the process requirements outlined in the Fair Work Act.

The commission found that the agreement met the necessary criteria for approval. It noted that the agreement had been genuinely negotiated between the parties and that it provided for a safety net of minimum terms and conditions, ensuring that employees would be protected against unfair treatment. The commission also confirmed that the process by which the agreement was developed and submitted for approval complied with the requirements of the Fair Work Act. Consequently, the commission approved the Synergy Access Solutions Pty Ltd 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