DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4174)

PROTECH PERSONNEL (VIC) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MARCH 2021

Application for approval of the Protech Personnel (Vic) 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 Protech Personnel (Vic) 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 19 March 2021 and, in accordance with s 54, will operate from 26 March 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 applicant union sought approval of an enterprise agreement between the Plumbing Enterprise and Protech Personnel (Vic) Pty Ltd. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute arose from the applicant union's assertion that the agreement was a "simplified procedure agreement" under section 175 of the Act, which requires the FWC to approve the agreement if it is satisfied that it meets certain criteria. The employer, Protech Personnel (Vic) Pty Ltd, argued that the agreement did not meet the criteria for approval.

The central legal issue before the FWC was whether the agreement was a "simplified procedure agreement" as defined in section 175 of the Fair Work Act 2009. The FWC considered whether the agreement contained the necessary provisions, including the requirement for genuine bargaining and the inclusion of certain minimum terms and conditions. The FWC also examined whether the agreement complied with the "better off overall test" under section 175(4) of the Act, which requires the FWC to be satisfied that the agreement would not adversely affect the financial position of the employees.

After examining the agreement and the evidence presented by both parties, the FWC determined that the agreement met the requirements of section 175 of the Fair Work Act 2009. The FWC found that the agreement contained the necessary provisions and that the parties had genuinely bargained for the agreement. The FWC was also satisfied that the agreement met the "better off overall test" and would not adversely affect the financial position of the employees. Accordingly, the FWC approved the agreement.

The FWC approved the Protech Personnel (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023, finding that it met the requirements of section 175 of the Fair Work Act 2009. The FWC found that the agreement contained the necessary provisions, including the requirement for genuine bargaining and the inclusion of certain minimum terms and conditions. The FWC was also satisfied that the agreement met the "better off overall test" and would not adversely affect the financial position of the employees. The agreement was therefore approved and registered with the FWC.

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