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

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The case involved an application for the approval of the Richstone Plumbing Vic Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 ‒ 2023. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the statutory requirements for approval, particularly focusing on its compliance with the Fair Work Act and its provisions for employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, specifically whether it contained all the mandatory terms and conditions as required by the legislation. This included examining whether the agreement provided for minimum wages and conditions, included a dispute resolution process, and whether it had been appropriately negotiated with the employer. The court also had to determine whether the agreement met the "better off overall test" which required that employees be no worse off financially under the new agreement.

The court found that the agreement met all the statutory requirements under the Fair Work Act. It included all mandatory terms and conditions, provided for minimum wages and conditions, and had a dispute resolution process. The court was satisfied that the agreement was the product of genuine bargaining between the parties and that employees would be no worse off financially. Consequently, the court approved the enterprise agreement, confirming its compliance with the necessary legislative requirements.

The final order of the court was the approval of the Richstone Plumbing Vic Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 ‒ 2023, recognising it as meeting the statutory standards set out in the Fair Work Act.

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