DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4898)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MAY 2021

Application for approval of the Aedy Constructions 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 Aedy Constructions 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 5 May 2021 and, in accordance with s 54, will operate from 12 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 brought an application seeking approval of the Aedy Constructions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 -2023. The respondent, Aedy Constructions Pty Ltd, opposed the application on various grounds, including concerns about the agreement's provisions on casual loading and the process for approving changes to the agreement.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to the provisions on casual loading and the process for approving changes to the agreement. The Commission had to determine whether these provisions were consistent with the Act and whether they provided adequate protections for employees.

In its decision, the Commission noted that the agreement provided for a higher casual loading rate than the minimum required by the Act and that the process for approving changes to the agreement provided adequate protections for employees. The Commission held that the agreement met the requirements for approval under the Act and granted the application. The Commission emphasised the importance of providing adequate protections for employees and ensuring that enterprise agreements provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Aedy Constructions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 -2023, subject to modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the provisions on casual loading and the process for approving changes to the agreement. The Commission emphasised the importance of providing adequate protections for employees and ensuring that enterprise agreements provided for fair and reasonable terms and conditions of employment.

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