DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4170)

UNITED PLUMBING GROUP (COMMERCIAL) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2021

Application for approval of the United Plumbing Group (Commercial) 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 United Plumbing Group (Commercial) 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 s 188(2)(a). Further, I am satisfied 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 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 18 March 2021 and, in accordance with s 54, will operate from 25 March 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 matter involved an application by the United Plumbing Group (Commercial) Pty Ltd and the CEPU - Plumbing Division (Vic) to have their plumbing enterprise agreement for the years 2019 to 2023 approved by the court. The application was heard by the Fair Work Commission, an Australian industrial relations tribunal. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the interests of both employers and employees.

The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act. This included assessing if the agreement was made in good faith and if it provided for the proper determination of terms and conditions of employment. The court had to determine whether the agreement adequately addressed the needs of both parties while also ensuring it did not undermine the fundamental rights of employees. Furthermore, the court examined whether the agreement contained any provisions that could be considered to unfairly disadvantage one party.

In making its decision, the Fair Work Commission considered the submissions from both parties and the broader context of the industry. It found that the agreement was made in good faith and provided for the proper determination of terms and conditions of employment. The court was satisfied that the agreement balanced the interests of both employers and employees and did not contain any provisions that unfairly disadvantaged one party. Consequently, the Fair Work Commission approved the enterprise agreement, finding it met the statutory requirements and was in the best interests of the parties involved.

The final order of the court was that the United Plumbing Group (Commercial) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023 be approved in accordance with the Fair Work Act 2009. The approval means the agreement is now legally binding on both parties and can be used to determine the terms and conditions of employment for 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

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Legal Principle Established