DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2930)

VALUE ADDED LABOUR SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 OCTOBER 2020

Application for approval of the Value Added Labour Services 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 Value Added Labour Services 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 statutory 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 October 2020 and, in accordance with s 54, will operate from 21 October 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 case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, for the approval of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022. The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the agreement as a registered agreement, thereby giving it the force of law. The dispute centred around the terms and conditions of employment for employees covered by the agreement, with the union arguing that the agreement was fair and reasonable, while the employer contested some aspects, claiming they were overly restrictive or unfair.

The primary legal issue before the Fair Work Commission was whether the collective agreement was fair and reasonable, and if it met the statutory requirements under the Fair Work Act. The Commission had to consider whether the agreement provided for a safety net of minimum terms and conditions of employment, and whether it complied with the good faith bargaining obligations. The Commission also examined if the agreement contained any provisions that were contrary to public policy or that were otherwise unlawful.

In delivering its decision, the Fair Work Commission found that the collective agreement was fair and reasonable, and met all statutory requirements. The Commission noted that the agreement provided a safety net of minimum terms and conditions of employment, and that the parties had engaged in good faith bargaining. The Commission also found that none of the provisions were contrary to public policy or otherwise unlawful. The Fair Work Commission approved the application, and the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022 was registered as a registered agreement, effective from 1 March 2019.

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