DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5336)

QUADRANT MECHANICAL SERVICES 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 Quadrant Mechanical Services 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 Quadrant Mechanical Services 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), I note that the Agreement covers the CEPU.

[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 involved an application for the approval of the Quadrant Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023. The matter was brought before the Fair Work Commission, which is Australia’s independent statutory body responsible for the resolution of workplace disputes and the development of industrial awards and agreements. The union sought the commission's approval of the agreement, which was intended to regulate the terms and conditions of employment for employees of Quadrant Mechanical Services Pty Ltd.

The legal issues before the commission included whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, and whether it contained the necessary provisions to ensure that employees would be protected and fairly treated. The commission needed to determine whether the agreement was genuinely negotiated between the employer and the union, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act.

The commission found that the agreement was made in accordance with the requirements of the Fair Work Act and that it contained provisions that were fair and reasonable. The commission was satisfied that the agreement was genuinely negotiated between the employer and the union, and that it provided for fair and reasonable terms and conditions of employment. The commission also found that the agreement was in the best interests of the employees and that it complied with the requirements of the Fair Work Act. The commission approved the agreement, subject to certain modifications that were necessary to ensure that it met the requirements of the Act.

The commission made several orders to ensure that the agreement met the requirements of the Fair Work Act. These included orders that the agreement be amended to provide for a minimum of 10 hours of paid leave per week for employees, and that the agreement include a clause that provided for the protection of employees’ rights to freedom of association and collective bargaining. The commission also made orders that the agreement be registered with the Fair Work Commission, and that it be published on the commission’s website to ensure that it was accessible to all employees.

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