DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia(AG2021/148)

BP PLUMBING AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2021

Application for approval of the BP Plumbing 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 BP Plumbing 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] While the application is generally in order, the Commission was advised that the notice of employee representational rights (NERR) was not provided to all relevant employees within 14 days of the notification time. Further, employees were not provided with all of the details of the vote seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the errors.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 4 February 2021 and, in accordance with s 54, will operate from 11 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 before the Fair Work Commission involved an application for the approval of the BP Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute arose from the negotiation process and the contents of the proposed agreement between the union representing the employees and the employer, BP Plumbing. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and met the necessary standards for approval.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it complied with the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement addressed the specific needs and concerns of the employees, including those related to wages, working conditions, and other employment-related matters.

The Commission found that the agreement was genuinely negotiated and contained the necessary minimum terms and conditions. The parties had demonstrated a genuine attempt to negotiate and reach a consensus on the terms of the agreement. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009. The agreement addressed the specific needs and concerns of the employees, including those related to wages, working conditions, and other employment-related matters. The Commission was satisfied that the agreement met the necessary standards for approval and was in the best interests of the employees and the employer.

The Commission approved the BP Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The approval ensures that the agreement will be legally binding on the parties and will govern the employment relationship between BP Plumbing and its employees for the duration of the agreement. The approval also provides certainty and stability to the parties and helps to promote industrial harmony.

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