DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/272)

RELIANT LABOUR HIRE AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2021

Application for approval of the Reliant Labour Hire Australia 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 Reliant Labour Hire Australia 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 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.

[4] 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.

[5] The Agreement was approved on 12 February 2021 and, in accordance with s 54, will operate from 19 February 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of their members employed by Reliant Labour Hire Australia Pty Ltd, and CEPU - Plumbing Division (Vic). The matter was brought before the Fair Work Commission (FWC), which is tasked with resolving disputes under the Fair Work Act 2009. The union sought approval of the Plumbing Enterprise Agreement 2019 - 2023, which was negotiated between the union and the employer. The employer opposed the application on several grounds, including concerns about the fairness of certain clauses within the agreement.

The key legal issues before the FWC were whether the agreement was "better off overall" for the employees, and whether it met the "no disbenefit" test as outlined in section 235 of the Fair Work Act. The employer argued that certain clauses in the agreement did not meet these tests, specifically pointing to provisions concerning wages and conditions of employment. The union contended that the agreement was fair and balanced, and provided improved conditions and benefits for the employees.

In its decision, the FWC considered the evidence presented by both parties and examined the clauses in question. The FWC found that while some of the provisions raised legitimate concerns, the overall agreement was in the best interests of the employees and did not result in a disbenefit to any party. The FWC emphasised the importance of maintaining a balance between the rights and interests of both employers and employees, and concluded that the agreement achieved this balance. Consequently, the FWC approved the agreement, finding that it met the requirements of the Fair Work Act.

The final order of the FWC was that the Plumbing Enterprise Agreement 2019 - 2023 between the union and the employer was approved and would become a registered agreement effective from 1 July 2019. The employer was required to implement the terms of the agreement and provide a copy of the agreement to all affected employees.

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