DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4148)

AUSWIDE PLUMBING & CIVIL 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 Auswide Plumbing & Civil 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 Auswide Plumbing & Civil 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. 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.

[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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Auswide Plumbing & Civil Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The union argued that the agreement was in the best interests of the employees, while the employer contended that certain provisions should not be approved due to potential operational difficulties and non-compliance with relevant industrial laws. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues addressed by the court included whether the agreement contained terms that were procedurally and substantively unfair to the employees, and whether it complied with the requirements for a certified agreement. Specifically, the court needed to determine if the agreement met the “better off overall test” and if the terms were consistent with the Fair Work Act. The court also needed to consider the procedural fairness of the bargaining process and the employer's argument that certain terms were unworkable.

The Fair Work Commission found that the agreement was procedurally fair, as the union had followed the appropriate processes during negotiations. The court also determined that the terms of the agreement were substantively fair and met the better off overall test. While the employer argued that some provisions were unworkable, the court found that these concerns did not outweigh the benefits to the employees. Therefore, the court approved the agreement with minor modifications to address some of the employer's concerns. The modifications ensured the agreement remained fair and workable while addressing the employer's operational needs.

The final orders of the court approved the Auswide Plumbing & Civil Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023 with minor modifications. The court directed the union and the employer to implement the agreed-upon changes and to provide written confirmation of the modifications within a specified timeframe. This decision ensured that the agreement was legally compliant and beneficial for both the employees and the employer, while also maintaining a fair industrial relationship.

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