DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/128)

PLANET PLUMBING (VIC) 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 Planet Plumbing (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 has made an application for approval of an enterprise agreement known as the Planet Plumbing (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 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 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicants sought approval for the Planet Plumbing (Vic) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023. The matter was heard in the Fair Work Commission. The dispute centred around whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and met the criteria for approval, while the respondent raised concerns regarding certain clauses within the agreement.

The legal issues before the Commission included whether the agreement provided for fair wages and conditions, including minimum rates of pay, allowances, and penalties. The Commission also had to consider whether the agreement contained any provisions that were contrary to public policy or that might undermine the operation of the safety net provided by the National Employment Standards and other applicable awards and agreements. Furthermore, the Commission needed to determine if the agreement was made in good faith and without coercion.

In rendering its decision, the Commission considered the provisions of the Fair Work Act and relevant case law. The Commission found that the agreement was fair and met the criteria for approval. The Commission concluded that the agreement provided for fair wages and conditions, and that it did not contain any provisions that were contrary to public policy or undermined the safety net. The Commission also found that the agreement was made in good faith and without coercion.

As a result, the Commission approved the Planet Plumbing (Vic) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023. The approval took effect from the date of the decision and will remain in force until the expiry of the agreement on 30 June 2023. The decision provides certainty to the parties involved and ensures that the agreement is compliant with the relevant legislation.

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