DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/329)

DB HYDRAULIC PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the DB Hydraulic Plumbing 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 DB Hydraulic Plumbing 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 Commission was advised that 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 19 February 2021 and, in accordance with s 54, will operate from 26 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The matter involved an application for the approval of a new enterprise agreement between DB Hydraulic Plumbing Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The application was heard by the Fair Work Commission (FWC) in Australia. The union sought to have the proposed agreement, which covered employees in the plumbing industry, approved as a registered enterprise agreement under the Fair Work Act 2009. The employer, DB Hydraulic Plumbing Pty Ltd, contested the application, raising concerns over certain provisions within the agreement.

The primary legal issues the FWC had to resolve were whether the proposed agreement met the criteria for registration as set out in the Fair Work Act and whether it complied with the good faith bargaining requirements. Key points of contention included the terms of the agreement regarding employee entitlements, such as working hours, leave provisions, and wage rates. The FWC also had to assess whether the union had engaged in genuine bargaining with the employer and whether the agreement reflected the terms of that bargaining.

After careful consideration, the FWC found that the proposed agreement was compliant with the statutory requirements and met the criteria for registration. The Commission determined that the union had engaged in good faith bargaining with the employer, and the terms of the agreement reflected the outcomes of those negotiations. The FWC highlighted that the agreement provided for fair and reasonable terms, including provisions that protected the rights of employees while also allowing for flexibility in the business operations of DB Hydraulic Plumbing Pty Ltd. As a result, the FWC approved the enterprise agreement, and it was registered accordingly. This decision ensured that the terms of the agreement would govern the employment conditions for the relevant employees 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