DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3981)

THE PIPE KING (AUST) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 DECEMBER 2020

Application for approval of the The Pipe King (Aust) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 – 2022.

[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 The Pipe King (Aust) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 – 2022 (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 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 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the respondent sought approval for the The Pipe King (Aust) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 – 2022. The applicant was The Pipe King (Aust) Pty Ltd. The dispute centred on the terms and conditions outlined in the proposed collective agreement and whether these terms met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining whether the proposed agreement complied with the provisions of the Fair Work Act, particularly concerning minimum entitlements and the absence of unjust provisions. The court examined if the agreement provided for minimum pay rates and conditions, and if it included any terms that were deemed unfair or unjust. It was also required to consider if the agreement met the requirements for approval under section 234 of the Act.

Upon reviewing the agreement, the court found that it adequately addressed the minimum entitlements required by law and did not contain any unjust provisions. The agreement was structured in a manner that ensured fair and equitable treatment of employees while providing for necessary operational flexibility for the employer. Consequently, the court approved the agreement, recognising its compliance with the statutory requirements and its beneficial terms for both the employer and the employees.

The court ordered the approval of the The Pipe King (Aust) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 – 2022, as it met all necessary legal standards and provided fair terms for all parties involved.

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