DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/3941)

RAW RECRUITMENT & SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MARCH 2021

Application for approval of the Application for approval of the Raw Recruitment & Services 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 Application for approval of the Raw Recruitment & Services 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 4 March 2021 and, in accordance with s 54, will operate from 11 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 case involved an application for the approval of the Plumbing Enterprise Agreement between Raw Recruitment & Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic) for the years 2019 to 2023. The application was brought before the Fair Work Commission. The core dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it complied with the provisions relating to the registration of enterprise agreements and the protection of employees' rights.

The central legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it had been made in accordance with the statutory requirements, and if it adequately protected the rights and interests of the employees involved. The Commission had to consider the procedural fairness in the agreement-making process, the content of the agreement, and whether it complied with the Fair Work Act’s provisions for protecting employees' rights. The Commission also had to ensure that the agreement was not adversely affecting the employees’ conditions in a way that would be detrimental to their overall welfare.

In its reasoning, the Commission found that the agreement was genuinely an enterprise agreement and had been made in accordance with the statutory requirements. The Commission noted that the agreement was comprehensive, covering a wide range of employment terms and conditions. It concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The Commission determined that the agreement did not adversely affect the employees' rights and conditions, and it was in the best interests of the employees to approve the agreement. Consequently, the Commission approved the Plumbing Enterprise Agreement 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

Reasons for decision

Legal Principle Established