DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4938)

NU GROUP LAGGING AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2021

Application for approval of the Nu Group Lagging 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 Nu Group Lagging 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 11 May 2021 and, in accordance with s 54, will operate from 18 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 the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Nu Group Lagging and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute arose from the negotiation and subsequent submission of the enterprise agreement for approval, with issues centred on the agreement's compliance with relevant industrial laws and standards. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the scrutiny of the agreement's provisions to ensure they adhered to the requirements set forth in the Fair Work Act. This included examining whether the agreement had been genuinely negotiated, was free from coercion, and complied with the provisions concerning minimum entitlements. The Commission also needed to assess if the agreement appropriately balanced the interests of employees and employers, and whether it adhered to the statutory requirements for enterprise agreements.

After careful consideration of the arguments presented by the parties and the provisions of the Fair Work Act, the Commission concluded that the Nu Group Lagging and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 was compliant with the necessary legislative requirements. The Commission found that the agreement had been genuinely negotiated and did not contain any terms that were against public policy or unfair. Consequently, the Commission approved the agreement, ensuring that it would come into effect as of the specified date.

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