DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4019)

AXIS PLUMBING ACT PTY LTD & CEPU ACT PLUMBING ENTERPRISE AGREEMENT 2021-2024

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MARCH 2021

Application for approval of the Axis Plumbing ACT Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2021-2024.

[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 Axis Plumbing ACT Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[2] Subject to the undertaking, and 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, 188 and 190 as are relevant to this application for approval has been met. 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.

[3] The Agreement was approved on 16 March 2021 and, in accordance with s 54, will operate from 23 March 2021. The nominal expiry date of the Agreement is 31 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the Axis Plumbing ACT Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2021-2024, brought before the Fair Work Commission. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees, and Axis Plumbing ACT Pty Ltd, representing the employer. The crux of the dispute was the validity and fairness of the proposed enterprise agreement and whether it met the requisite standards under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement had been made genuinely without pressure or coercion, and if it complied with the procedural fairness requirements as mandated by the Fair Work Act. Additionally, the court had to determine whether the agreement adequately covered all necessary matters and whether it was in the best interest of the employees. The court also examined the specific provisions within the agreement to ensure they aligned with relevant industrial awards and the general principles of fairness and reasonableness.

In reaching its decision, the Fair Work Commission carefully reviewed the evidence presented by both parties, including the negotiation process, the content of the agreement, and the impact on employees. The Commission found that the agreement had been negotiated in good faith, with all necessary procedural fairness observed. It further concluded that the agreement was not disadvantageous to the employees and included provisions that were fair and reasonable in all respects. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements under the Fair Work Act.

The final orders of the Commission included the approval of the Axis Plumbing ACT Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2021-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the terms and conditions of employment for the relevant employees until the end of its term.

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