DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5119)

FORAN INDUSTRIES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2021

Application for approval of the Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch 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 Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch 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 21 May 2021 and, in accordance with s 54, will operate from 28 May 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sought approval for the Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in terms of its provisions, structure, and compliance with minimum standards. The Commission was tasked with assessing the fairness of the agreement and ensuring it met the legislative criteria for approval.

The primary legal issues the Commission had to decide included whether the agreement contained the mandated minimum terms and conditions, whether the bargaining process was genuinely independent, and if the agreement was in the best interest of the employees it covered. The Commission needed to consider the submissions from both the union and the employer, as well as the broader implications of the agreement on the industry and the workforce. The fairness test under section 234 of the Act required a comprehensive review of the agreement’s provisions, the bargaining process, and its potential impact on the employees.

After careful consideration of the arguments and evidence presented by both parties, the Commission concluded that the proposed agreement did meet the legislative requirements for approval. The agreement contained all the mandated minimum terms and conditions, and the bargaining process was deemed genuinely independent. The Commission found that the agreement was in the best interest of the employees, taking into account the overall fairness and the benefits it provided. Consequently, the Commission approved the Foran Industries Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

As a result of this decision, the Fair Work Commission approved the enterprise agreement, which will now be binding on the parties involved. This decision not only resolves the immediate dispute but also sets a precedent for similar agreements in the industry. The approval signifies that the agreement meets the necessary legal standards and is fair and beneficial to the employees it covers.

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