DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4329)

COMMERCIAL AQUATICS AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2021

Application for approval of the Commercial Aquatics Australia 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 Commercial Aquatics Australia 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 provided with the voting instructions seven clear days before the vote. 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 this constitutes a minor procedural or technical error for the purposes of s188(2)(a), and that the employees covered by the agreement were not likely to have been disadvantaged by the error. 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 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.

[5] The Agreement was approved on 6 April 2021 and, in accordance with s 54, will operate from 13 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Commercial Aquatics Australia Pty Ltd (the Employer). The Union sought approval of the Plumbing Enterprise Agreement 2019-2023 (the Agreement) under section 234 of the Fair Work Act 2009. The application was heard in the Fair Work Commission (the Commission).

The primary legal issue was whether the Agreement met the requirements for approval under the Fair Work Act. Specifically, the Union had to demonstrate that the Agreement complied with the "better off overall test" (BOOT), ensuring that employees would be no worse off financially and at least some would be better off financially compared to the applicable award. The Commission also needed to consider whether the Agreement contained appropriate dispute resolution mechanisms and whether it adhered to the good faith bargaining principles.

The Commission found that the Agreement satisfied the BOOT, as it provided for increases in wages and conditions that were superior to those in the applicable award. The Commission also determined that the Agreement included suitable dispute resolution provisions and was the product of good faith bargaining. Consequently, the Commission approved the Agreement. The Union's application was successful, and the Agreement was formally approved by the Commission.

The Commission issued an order approving the Plumbing Enterprise Agreement 2019-2023 between the Union and the Employer. This order is effective from the date of the Commission's decision and will remain in force until the end of the agreement period or until superseded by a new agreement. The approval ensures that the terms and conditions outlined in the Agreement are legally binding on both parties.

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