DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3823)

ECO AIRCONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2020

Application for approval of the ECO Airconditioning 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 ECO Airconditioning 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 22 December 2020 and, in accordance with s 54, will operate from 29 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 matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the ECO Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission was tasked with assessing the agreement to determine if it was a genuine enterprise agreement, free from any illegal or improper conduct. The issues at hand included the agreement's compliance with the Fair Work Act's provisions regarding genuine enterprise agreements, the absence of any illegal or improper conduct during its negotiation, and the agreement's adherence to the requirements of the Fair Work (Registered Organisations) Act.

The Commission examined the evidence presented by both parties, including witness statements and documentary evidence, to assess whether the agreement was genuinely negotiated and whether it met the statutory requirements. The Union argued that the agreement was the product of genuine enterprise bargaining, while the employer contended that the agreement did not meet the necessary standards. The Commission found that the agreement was genuinely negotiated between the parties, and it met the requirements of the Fair Work Act. The agreement was approved by the Commission, as it was determined to be a genuine enterprise agreement, free from any illegal or improper conduct. The Commission also found that the agreement complied with the requirements of the Fair Work (Registered Organisations) Act.

In its decision, the Commission approved the ECO Airconditioning Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023, finding that it was a genuine enterprise agreement and met the statutory requirements. The Commission's decision was based on the evidence presented by both parties, which demonstrated that the agreement was the product of genuine enterprise bargaining and met the necessary standards. The agreement was approved, and the Commission's decision will provide clarity and certainty for both the employer and employees covered by the agreement.

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