DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5342)

FIBCON ROOFING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2021

Application for approval of the Fibcon Roofing 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 Fibcon Roofing 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] 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.

[3] 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.

[4] The Agreement was approved on 3 June 2021 and, in accordance with s 54, will operate from 10 June 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to the Fair Work Commission for approval of the Fibcon Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023 (the Agreement). The dispute centres on whether the Agreement complies with the provisions of the Fair Work Act 2009, particularly in relation to the Fair Work (Registered Organisations) Act 2009. The matter was heard in the Fair Work Commission, with Deputy President D. R. R. Moore presiding.

The primary legal issues before the Commission were whether the Agreement met the procedural requirements for registration under the Fair Work Act, and whether the Agreement contained any provisions that were contrary to public policy or not genuinely intended to be part of the Agreement. The Commission was required to consider the extent to which the Union had complied with the procedural requirements, including the necessity of a ballot of the employees to approve the Agreement. Additionally, the Commission had to assess whether any provisions of the Agreement were outside the scope of matters that could be covered by an enterprise agreement.

In determining the matter, Deputy President Moore considered the evidence provided by the Union regarding the process by which the Agreement was negotiated and the extent of employee involvement. The Deputy President noted that while the Union had not conducted a ballot, it had provided evidence that the Agreement was negotiated in good faith and that employees had been adequately consulted. The Deputy President further found that the Agreement did not contain any provisions that were contrary to public policy or not genuinely intended to be part of the Agreement. Consequently, the Deputy President concluded that the Agreement was appropriately registered and approved the Agreement in accordance with the Fair Work Act.

In light of the findings, the Fair Work Commission approved the Fibcon Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023. The Commission determined that the Union had met the procedural requirements for registration, and that the Agreement was valid and should be approved. The Deputy President issued a certificate of registration for the Agreement, which will now be in effect for the period 2019 to 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