DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/142)

WILSON PLUMBING & DRAINAGE PTY LTD AND CEPU –PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 FEBRUARY 2021

Application for approval of the Wilson Plumbing & Drainage 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 has made an application for approval of an enterprise agreement known as the Wilson Plumbing & Drainage 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), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 9 February 2021 and, in accordance with s 54, will operate from 16 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 matter involved an application for the approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Wilson Plumbing & Drainage Pty Ltd. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The union sought approval of the agreement which covered employees in the plumbing division of the company for the period 2019 to 2023. The central legal issues before the FWC were whether the proposed agreement was a "bargained agreement" as defined by the Act, and if it met the requirements for approval under the Fair Work Act. This included considerations of whether the agreement had been fairly negotiated, provided adequate protections for employees, and complied with the provisions of the Act.

The FWC examined the process of negotiation and the content of the proposed agreement. It considered the nature of the bargaining between the parties, whether there was genuine negotiation, and if the agreement reflected the bargaining process. The FWC also assessed if the agreement provided adequate protections for employees, including minimum wages, leave entitlements, and other conditions. Furthermore, the Commission evaluated whether the agreement complied with the Fair Work Act, including provisions on direct and indirect discrimination, and whether it adhered to the principles of good faith bargaining. After a thorough review, the FWC found that the agreement was fairly negotiated and met the statutory requirements for approval.

The Fair Work Commission approved the proposed agreement, concluding that it was a genuine bargain between the parties and provided appropriate protections for employees. The Commission determined that the agreement was made in good faith and reflected the outcome of genuine negotiations. It also found that the agreement complied with the provisions of the Fair Work Act and provided adequate conditions for the employees. The FWC's decision was based on the evidence presented regarding the negotiation process and the content of the agreement. The final orders included the approval of the Wilson Plumbing & Drainage Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023, effective from the date of the decision.

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