DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3836)

CDC PLUMBING & DRAINAGE AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2020

Application for approval of the CDC Plumbing & Drainage 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 CDC Plumbing & Drainage 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, nor was a copy of the notice of employee representational rights (NERR) provided to all employees within 14 days of notification time. Further, the Agreement was made within 21 days after the last NERR was given. 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, 1 I am satisfied that these constitute minor procedural or technical errors 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 errors. 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 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.

[5] The Agreement was approved on 23 December 2020 and, in accordance with s 54, will operate from 30 December 2020. 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

The matter involved an application for approval of the 2019-2023 Plumbing Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CDC Plumbing & Drainage and CEPU - Plumbing Division (Vic). The case was heard in the Fair Work Commission. The union sought approval of the enterprise agreement, which had been negotiated with the employers, to ensure compliance with the Fair Work Act 2009. The primary legal issue the court had to address was whether the agreement met the requirements of the Act, including provisions for employee protections, minimum standards, and fair bargaining processes.

The Fair Work Commission examined the agreement to determine if it complied with the statutory obligations under the Fair Work Act. This included assessing whether the agreement provided for fair terms and conditions, including minimum rates of pay, leave entitlements, and other protections for employees. The Commission also considered whether the agreement was the product of genuine bargaining between the parties and whether it provided for adequate dispute resolution mechanisms. The union argued that the agreement was fair and represented the outcome of good faith negotiations, while the employers maintained that the agreement was reasonable and met all statutory requirements.

After reviewing the agreement and hearing submissions from both parties, the Commission found that the agreement met the necessary criteria for approval. The agreement was deemed to provide for fair terms and conditions of employment, including minimum standards for pay and conditions, and it incorporated appropriate dispute resolution mechanisms. The Commission concluded that the agreement was the product of genuine bargaining and complied with the requirements of the Fair Work Act. Accordingly, the Commission approved the agreement, ensuring its enforceability as a binding enterprise agreement.

The final orders of the Commission included the approval of the 2019-2023 Plumbing Enterprise Agreement between the union and the employers. The agreement was to be registered and would govern the terms and conditions of employment for the relevant employees until it expired or was replaced by a new agreement. The Commission's decision provided certainty for both parties and ensured that the agreement would operate within the legal framework established by the Fair Work Act.

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