DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3757)

AUSCOOL AIR CONDITIONING MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2020

Application for approval of the Auscool Air Conditioning Mechanical Services 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 Auscool Air Conditioning Mechanical Services 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 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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division, and Auscool Air Conditioning Mechanical Services Pty Ltd. The dispute centred on the approval of the Plumbing Enterprise Agreement 2019 - 2023 between the union and the employer. The Fair Work Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the necessary minimum terms and conditions, whether it was made in good faith, and whether it complied with the statutory requirements for enterprise agreements. The Commission also had to consider whether the agreement was in the best interests of the employees it covered, and whether it met the criteria for being a single, integrated, and non-discriminatory agreement.

In delivering its decision, the Commission found that the agreement did indeed contain the necessary minimum terms and conditions, was made in good faith, and complied with the statutory requirements. The Commission was satisfied that the agreement was in the best interests of the employees and met the criteria for being a single, integrated, and non-discriminatory agreement. The Commission approved the agreement, noting that it provided fair and reasonable terms for the employees, and that the union and employer had acted appropriately in reaching the agreement.

The Commission's approval of the agreement means that it will now be in effect for the period 2019 to 2023, and will govern the employment conditions of the employees covered by the agreement. The union and employer will be bound by the terms of the agreement, and any disputes arising under the agreement will be resolved in accordance with its provisions.

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