DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4879)

AGL GROUP PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MAY 2021

Application for approval of the AGL Group 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 AGL Group 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] While the application is generally in order, the information in the employer’s F17 declaration indicates that the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 10 May 2021 and, in accordance with s 54, will operate from 17 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Court was called upon to consider an application for the approval of a particular enterprise agreement between the AGL Group Pty Ltd and the CEPU - Plumbing Division (Vic). The enterprise agreement in question was proposed for the period 2019 to 2023. The primary focus of the proceedings was to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it was a simple or low-paid enterprise agreement, and if it contained the necessary terms and conditions for fair and equitable treatment of the employees.

The court had to determine whether the enterprise agreement fell under the definition of a low-paid enterprise agreement and whether it contained the mandated minimum terms and conditions as prescribed by the Fair Work Act. Furthermore, the court needed to assess whether the agreement complied with the procedural requirements for approval, including the proper notification and consultation processes with the relevant parties.

The court examined the specifics of the proposed agreement, noting the provisions related to wages, hours of work, and other employment conditions. It assessed whether these provisions aligned with the minimum standards set forth in the Fair Work Act and whether the agreement was appropriately negotiated. The court also considered the consultation process between the parties and whether it adhered to the statutory obligations. After a thorough analysis, the court found that the agreement met all the necessary statutory requirements and was thus approved. This decision underscores the importance of ensuring that enterprise agreements not only comply with the legal framework but also reflect fair and reasonable terms for all parties involved.

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