Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2021] FWCA 2304

[2021] FWCA 2304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4677)

RICHSTONE PLUMBING VIC PTY LTD AND CEPU ‒ PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 ‒ 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 APRIL 2021

Application for approval of the Richstone Plumbing Vic Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 ‒ 2023.

[1] An application has been made for approval of an enterprise agreement known as the Richstone Plumbing Vic Pty Ltd and CEPU ‒ Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 ‒ 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Notice of Employee Representational Rights (NERR) includes the date the document was given to employees. This raises the issue that the NERR is not in its prescribed form as required by s.174(1A) of the Act. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others¹[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

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1 [2019] FWCFB 318.