DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4491)

TRI SUMMIT SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2021

Application for approval of the Tri Summit Services 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 has made an application for approval of an enterprise agreement known as the Tri Summit Services 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.

[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 12 April 2021 and, in accordance with s 54, will operate from 19 April 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 involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Tri Summit Services Pty Ltd. The application was heard in the Fair Work Commission. The union sought approval of the agreement, which outlined terms and conditions of employment for employees in the plumbing division of the company.

The legal issues before the Commission centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The union argued that the agreement was fair and appropriate, while the employer contended that certain provisions were unfair. The Commission had to assess the fairness of the agreement, considering factors such as the nature of the bargaining process, the terms of the agreement, and the impact on employees.

The Commission found that the agreement was generally fair and appropriate, taking into account the evidence presented and the overall context of the bargaining process. The Commission noted that the union had conducted a robust and comprehensive negotiation process, and that the agreement provided for reasonable terms and conditions of employment. The Commission rejected the employer’s contention that certain provisions were unfair, finding that they were reasonable in the circumstances. The Commission approved the agreement, subject to minor modifications to address technical errors.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2019 - 2023, with minor modifications to correct technical errors. The agreement is now in effect, providing a framework for the terms and conditions of employment for employees in the plumbing division of Tri Summit Services Pty Ltd.

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