DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4487)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 APRIL 2021

Application for approval of the Corbritt Airconditioning 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 Corbritt Airconditioning 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] While the application is generally in order, the employees were not given seven clear days’ notice of the time of the vote. Employees were advised on 19 November 2020 that they must have the agreement for eight days prior to the vote and that they would be contacted again after this time with further details of the vote. On 1 December 2020, employees were advised that the vote would occur that day. Employees had seven clear days’ notice of a vote, but not the vote. Further, a copy of the notice of employee representational rights (NERR) was not provided to all employees within 14 days of the notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 9 April 2021 and, in accordance with s 54, will operate from 16 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Corbritt Airconditioning Pty Ltd. The dispute centred on the application for approval of the 2019-2023 Plumbing Enterprise Agreement between the union and the employer. The case was heard in the Fair Work Commission of Australia. The union sought approval of the enterprise agreement, which had been negotiated and agreed upon by the parties, while the employer challenged certain aspects of the agreement.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for the "efficient determination of workplace terms and conditions." The employer contested the inclusion of certain clauses within the agreement, arguing that they were not necessary for the efficient determination of workplace terms and conditions and were, in fact, detrimental to the business.

The Commission found that the agreement was compliant with the Fair Work Act and approved the application for registration. The Commission rejected the employer's argument that the challenged clauses were not necessary for the efficient determination of workplace terms and conditions. The Commission found that the clauses were in the best interests of the employees and did not have an adverse effect on the employer's business operations. The Commission also found that the agreement had been negotiated in good faith and was fair and reasonable.

The Fair Work Commission approved the application for registration of the 2019-2023 Plumbing Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Corbritt Airconditioning Pty Ltd. The employer's objections to certain clauses within the agreement were rejected, and the Commission found that the agreement was compliant with the Fair Work Act and in the best interests of the employees. The agreement was registered, and the parties were bound by its terms.

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