DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/241)

V.I.C. INSULATION (VIC) 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 V.I.C. Insulation (VIC) 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 V.I.C. Insulation (VIC) 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 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 case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and VIC Insulation (VIC) Pty Ltd. The union sought approval of the Plumbing Enterprise Agreement 2019-2023 for employees of VIC Insulation. The application was made before the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the minimum entitlements and the processes followed in the agreement's negotiation and approval.

The central legal issues the court had to address were whether the agreement provided for minimum entitlements as required by law, and if the necessary procedural fairness was observed in the negotiation and approval process. The union argued that the agreement was fair and met all legislative requirements, while VIC Insulation maintained that the agreement should not be approved due to procedural irregularities. The court was required to carefully examine the agreement's provisions and the process through which it was negotiated and approved.

In delivering its decision, the Fair Work Commission found that the agreement did provide for the minimum entitlements as required by law and that the process followed in its negotiation and approval was fair and did not contravene any provisions of the Fair Work Act. The Commission emphasised that the agreement contained provisions that addressed all the required minimum standards and that there was no evidence of procedural unfairness. Consequently, the Commission approved the agreement.

The Fair Work Commission's final order was the approval of the Plumbing Enterprise Agreement 2019-2023 between VIC Insulation (VIC) Pty Ltd and the CEPU - Plumbing Division (Vic). This decision confirmed the agreement's validity and enforceability, ensuring that the terms and conditions outlined in the agreement would apply to the employees of VIC Insulation as per the provisions of the Fair Work Act.

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