DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3478)

VIC LAGGING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2020

Application for approval of the Vic Lagging PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Vic Lagging PTY LTD and CEPU - Plumbing Division Victorian Branch 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 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 Agreement lodged contained errors at pages 13, 111 and 154. On 23 November 2020, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 9 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 involved an application for the approval of the Vic Lagging PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023. The primary concern was the fairness and appropriateness of the agreement, considering the obligations imposed on employers and employees, and the overall impact on the parties involved. The Commission was tasked with evaluating whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issues revolved around the assessment of the agreement's compliance with the provisions of the Fair Work Act, particularly sections concerning the avoidance of undue hardship, the protection of employee rights, and the facilitation of a fair and efficient workplace. The Commission had to determine if the agreement adequately balanced the interests of both employers and employees, and whether it promoted a productive and harmonious work environment.

In its decision, the Commission meticulously examined the terms of the agreement, considering the economic and social context in which it was negotiated. The analysis included a review of the bargaining positions of the parties, the nature of the industry, and the specific terms of the agreement. The Commission concluded that the agreement was fair and appropriate, noting that it did not impose undue hardship on employers while also safeguarding the rights and interests of employees. The agreement was found to be conducive to facilitating a productive and harmonious workplace, aligning with the objectives of the Fair Work Act.

The Fair Work Commission approved the Vic Lagging PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023, acknowledging its fairness and appropriateness. This decision underscored the importance of balanced and fair agreements in fostering productive industrial relations. The Commission's approval was based on a comprehensive evaluation of the agreement's terms and their alignment with the statutory objectives of promoting fair and efficient workplaces.

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