DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2525)

BOONE & WILLARD QUEENSLAND PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 SEPTEMBER 2020

Application for approval of the Boone & Willard Queensland Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022.

[1] 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 Boone & Willard Queensland Pty Ltd and CEPU Plumbing Division 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 07 September 2020 and, in accordance with s 54, will operate from 14 September 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 matter before the Fair Work Commission involved an application for the approval of a proposed collective agreement between the Boone & Willard Queensland Pty Ltd and the CEPU Plumbing Division Union for the period 2019 to 2022. The application was brought by the CEPU, which sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The Boone & Willard Queensland Pty Ltd, the employer, contested the application, arguing that certain provisions of the proposed agreement were not consistent with the provisions of the Fair Work Act.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including the requirements for the negotiation of a certified agreement. Specifically, the Commission needed to determine whether the agreement contained all the mandated terms and conditions of employment and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission considered whether any provisions of the agreement were inconsistent with the objectives of the Fair Work Act, such as promoting higher wages and better conditions of employment.

In delivering its decision, the Commission carefully examined the proposed agreement and the evidence presented by both parties. The Commission found that the proposed agreement contained all the mandated terms and conditions of employment, and that the bargaining process had been conducted in good faith and with procedural fairness. However, the Commission identified a number of provisions within the agreement that were inconsistent with the objectives of the Fair Work Act, including provisions that limited the ability of employees to access certain benefits and entitlements. After considering the arguments of both parties, the Commission determined that the proposed agreement did not comply with the requirements of the Fair Work Act and therefore could not be approved.

Consequently, the Commission dismissed the application for approval of the proposed agreement. The Commission noted that while it was sympathetic to the concerns of both parties, it was ultimately bound by the provisions of the Fair Work Act and could not approve an agreement that did not comply with its requirements. The Commission encouraged both parties to continue to negotiate in good faith to reach an agreement that would meet the requirements of the Fair Work Act and promote better wages and conditions of employment for the employees of Boone & Willard Queensland Pty Ltd.

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