DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4345)

GRAVEL PITS PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 -2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2021

Application for approval of the Gravel Pits Plumbing 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 Gravel Pits Plumbing 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 31 March 2021 and, in accordance with s 54, will operate from 7 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 applicants in this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Gravel Pits Plumbing Pty Ltd, sought approval of their enterprise agreement. The agreement in question covers the period from 2019 to 2023 and was the subject of a dispute which was ultimately brought before the Fair Work Commission. The legal issues that the Commission was required to address centred on whether the agreement met the criteria set out in the Fair Work Act 2009, including whether it was a bona fide enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether it had been fairly negotiated.

In determining whether the agreement was a bona fide enterprise agreement, the Commission considered the process through which it was negotiated and whether it was genuinely made by the parties. The Commission found that the agreement was indeed a bona fide enterprise agreement, as it was made through a process of good faith negotiation and contained terms that were reflective of the parties' bargaining positions. Regarding the minimum terms and conditions, the Commission examined whether the agreement contained all the mandated minimum terms, and concluded that it did. The Commission also assessed whether the agreement had been fairly negotiated, taking into account the relative bargaining power of the parties, and found that it had been.

Following its analysis, the Commission approved the Gravel Pits Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 -2023. This approval means that the agreement is now legally binding on the parties and can be enforced under the Fair Work Act. The decision provides certainty to both the employer and the employees, and ensures that the terms and conditions of employment are clear and understood by all 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