DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4887)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2021

Application for approval of the Ecolag 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 Ecolag 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. 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.

[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 6 May 2021 and, in accordance with s 54, will operate from 13 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

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for the approval of the Ecolag Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The application was brought under the Fair Work Act 2009, with the union seeking the court's endorsement of the agreement, which had been reached between the union and the employer after bargaining. The legal issues for the court to determine included whether the agreement was a bona fide enterprise agreement, whether it contained the necessary terms, and whether it complied with the statutory requirements under the Fair Work Act.

The court examined the process by which the agreement was formed, ensuring that the union had followed the correct procedures and that the agreement genuinely reflected a negotiated outcome between the parties. It also reviewed the content of the agreement to confirm that it included all the mandatory terms prescribed by the Fair Work Act, such as minimum rates of pay and maximum hours of work. Additionally, the court considered whether the agreement unfairly disadvantaged any group of employees and whether it adhered to the principles of the Act, including those relating to good faith bargaining and procedural fairness. After a thorough analysis of the evidence and the agreement itself, the court found that the agreement met all the statutory requirements and was fair and reasonable.

In its decision, the court approved the Ecolag Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, finding it to be a bona fide enterprise agreement that complied with the Fair Work Act. The court highlighted the importance of the agreement in providing a framework for the fair and effective regulation of employment conditions within the industry. The union's application was successful, and the agreement was endorsed by the court, allowing it to take effect and govern the employment conditions of the employees covered by the agreement.

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