DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3102)

VENMIST PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Venmist Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022.

[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 Venmist Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022 (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 27 October 2020 and, in accordance with s 54, will operate from 3 November 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division Mechanical Union, and Venmist Pty Ltd, a company in the plumbing industry. The dispute was centred on the approval of a proposed collective agreement between the union and the employer for the period 2019 to 2022. The Fair Work Commission was tasked with reviewing the application for approval of this collective agreement.

The primary legal issue before the Commission was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement was in the public interest, provided for the efficient determination of enterprise disputes, and adhered to the principles of good faith bargaining and industrial peace. The Commission had to determine if the agreement was fair and reasonable, and if it was consistent with the broader objectives of the Act.

In rendering its decision, the Commission carefully examined the provisions of the proposed agreement. The Commission considered the impact of the agreement on both the union members and the employer, taking into account the need for a balanced and equitable outcome. It also weighed the potential effects on the industry and the broader community. After a thorough analysis, the Commission determined that the agreement was fair and reasonable, and it approved the proposed collective agreement. The Commission found that the agreement met the necessary criteria for approval under the Act.

The Fair Work Commission approved the Venmist Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022, finding it to be fair and reasonable. This decision was made after careful consideration of the agreement's provisions, its impact on the parties involved, and its alignment with the objectives of the Fair Work Act 2009. The Commission's decision provides certainty and stability for the union members, the employer, and the industry as a whole.

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