DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3670)

MCLEAN WATERWORKS AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 DECEMBER 2020

Application for approval of the McLean Waterworks and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the McLean Waterworks and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 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

In the case concerning the approval of the McLean Waterworks and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, the union sought approval from the Fair Work Commission. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, aimed to secure the endorsement of the agreement that had been negotiated between the union and the employer, McLean Waterworks. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement satisfied the criteria set forth in the Fair Work Act, including whether it was a "better off overall test" agreement and if it complied with procedural requirements. The union argued that the agreement was fair and reasonable, and that it had been negotiated in good faith. The employer supported the union's position, asserting that the agreement was comprehensive and had been developed through proper consultation processes.

The Fair Work Commission found that the agreement was fair and reasonable, met the better off overall test, and was negotiated in good faith. The commission also determined that the procedural requirements had been met, and thus approved the agreement. The union's application was successful, and the agreement was approved for implementation. The court emphasised the importance of fair and reasonable agreements that meet the statutory requirements, and the need for proper negotiation and consultation processes.

The final orders of the court approved the McLean Waterworks and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the union members for the specified period.

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