DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5118)

SELWOOD PLUMBING & SPECIALTY GASES AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2021

Application for approval of the Selwood Plumbing & Specialty Gases 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 the Selwood Plumbing & Specialty Gases 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. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made. 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.

[3] The Agreement was approved on 20 May 2021 and, in accordance with s 54, will operate from 27 May 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Selwood Plumbing & Specialty Gases (Selwood) sought approval for the Plumbing Enterprise Agreement 2019 - 2023. The dispute centred on the fairness and appropriateness of the agreement terms, as required under the Fair Work Act 2009. The matter was heard in the Fair Work Commission (FWC).

The central legal issues the FWC had to address were whether the agreement was a lawful and fair one, in accordance with the statutory criteria. These included whether the agreement covered a defined group of employees, provided for the proper operation of businesses, and contained terms that were not contrary to public policy. Additionally, the FWC had to consider whether the agreement met the "better off overall test" (BOOT), ensuring employees were not worse off financially compared to their previous terms.

The FWC found that the agreement was fair and appropriate for approval. The FWC noted that the agreement provided for a structured and organised framework for employment terms, covered all relevant employees, and did not include terms that would be contrary to public policy. Regarding the BOOT, the FWC concluded that employees were not worse off overall under the new agreement. The FWC found the agreement to be reasonable and equitable, taking into account the economic context and the need for a fair balance between the interests of the employees and the employer.

The FWC approved the agreement, finding it met all necessary criteria under the Fair Work Act 2009. The Union and Selwood were directed to implement the agreement from the date of approval.

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