DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4381)

ENTIRE MECHANICAL SERVICES 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 Entire Mechanical 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 (CEPU) has made an application for approval of an enterprise agreement known as the Entire Mechanical 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] 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, acting on behalf of its members, and Entire Mechanical Services Pty Ltd. The union sought approval for the Plumbing Enterprise Agreement 2019 - 2023 from the Fair Work Commission, which was then challenged in the Federal Court by Entire Mechanical Services. The court was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues centred on whether the agreement complied with the Fair Work Act 2009. Specifically, the court needed to ascertain if the agreement was in the public interest and if it met the requirements for a new agreement under section 232 of the Act. Furthermore, the court had to consider whether the agreement appropriately balanced the interests of employees and employers, including whether it provided for a fair and reasonable resolution of disputes and if it adhered to the principles of good faith bargaining.

The court examined the agreement in detail, taking into account the submissions from both parties. It found that the agreement was consistent with the statutory requirements of the Fair Work Act, ensuring it was in the public interest. The court also noted that the agreement was the product of genuine and meaningful bargaining between the parties, and it appropriately balanced the interests of both employees and employers. Consequently, the court approved the agreement, finding it met all necessary legal standards.

No additional orders were made by the court, as the approval of the agreement was the primary outcome sought. The decision affirmed the agreement as a valid and legally binding enterprise agreement between the union and the employer, effective from the specified period.

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