DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3901)

GLOBE GROUP MAJOR PROJECTS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 DECEMBER 2020

Application for approval of the Globe Group Major Projects Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

[1] 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 Globe Group Major Projects 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] While the application is generally in order, the Commission was advised that the employees were not provided with the voting instructions seven clear days before the vote. 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, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[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 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 31 December 2020 and, in accordance with s 54, will operate from 7 January 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) filed an application for the approval of the Globe Group Major Projects Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The Applicant argued that the agreement was appropriate for the industry and conducive to productivity, while the employer, Globe Group, contended that certain provisions did not meet the statutory requirements.

The key legal issues before the Commission were whether the agreement complied with the requirements set forth in the Fair Work Act and if it provided for the fair and equitable treatment of employees. This included examining whether the agreement appropriately balanced the rights and interests of both the employer and employees, and if the provisions met the criteria of being in the best interests of the employees. The Commission also had to consider if the agreement provided for a fair and efficient method of determining wage rates and other conditions of employment.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the agreement largely met the requirements for approval. The Commission found that the agreement provided for fair and equitable treatment of employees, and that it balanced the rights and interests of the employer and employees. While some minor adjustments were recommended, the Commission concluded that the agreement was in the best interests of the employees and conducive to productivity. Therefore, the application for approval of the agreement was ultimately granted.

The final orders included the approval of the Globe Group Major Projects Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, subject to the minor adjustments recommended by the Commission. These adjustments were intended to ensure that the agreement complied fully with the statutory requirements and provided for the fair and equitable treatment of employees. The Commission also directed that the agreement be registered with the Fair Work Commission Registry.

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