DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/127)

MULTIPLUMB COMMERCIAL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2021

Application for approval of the Multiplumb Commercial 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 Multiplumb Commercial 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 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.

[4] The Agreement was approved on 8 February 2021 and, in accordance with s 54, will operate from 15 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Multiplumb Commercial Pty Ltd, with a dispute over the approval of the Multiplumb Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023. The union sought the commission's approval of the enterprise agreement, while Multiplumb Commercial Pty Ltd contested the approval. The union argued that the agreement was in the best interests of the employees and that it complied with all relevant legislative requirements.

The legal issues before the commission included whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The commission considered the evidence and submissions from both parties to determine whether the agreement was fair and appropriate. The commission also considered whether the agreement provided for the proper operation of the business, and whether it provided for a fair and efficient workplace.

The commission found that the enterprise agreement met the requirements of the Fair Work Act 2009 and was made in good faith and without coercion. The commission noted that the agreement provided for the proper operation of the business and that it provided for a fair and efficient workplace. The commission also found that the agreement provided for the fair and reasonable treatment of employees, and that it met the requirements of the Fair Work Act 2009.

The commission approved the enterprise agreement, subject to certain modifications. The modifications included changes to the agreement's provisions relating to employee entitlements and leave. The commission determined that these modifications were necessary to ensure that the agreement met the requirements of the Fair Work Act 2009 and provided for the fair and reasonable treatment of employees. The final orders of the commission approved the enterprise agreement with the modifications, and directed that the agreement be registered with the Fair Work Commission.

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