DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2506)

TACOMA PLUMBING & DRAINAGE PTY LTD AND CEPU PLUMBING DIVISION UNION GREENFIELDS AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the Tacoma Plumbing & Drainage Pty Ltd and CEPU Plumbing Division Union Greenfields Agreement 2019 - 2022.

[1] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of a greenfields agreement known as the Tacoma Plumbing & Drainage Pty Ltd and CEPU Plumbing Division Union Greenfields Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 3 September 2020 and, in accordance with s 54, will operate from 10 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of an enterprise agreement between Tacoma Plumbing & Drainage Pty Ltd and the CEPU Plumbing Division. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically those related to wages, hours of work, and other employment conditions. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the proper negotiation of terms and conditions, and whether it included minimum terms that were fair and protect employees' entitlements. The Commission had to consider if the agreement was made in good faith and whether it complied with the relevant legislative provisions. Additionally, the Commission needed to assess if the agreement included appropriate dispute resolution mechanisms and whether it met the standard of being a better off overall test for the employees.

In delivering its decision, the Commission examined the negotiation process and found that the agreement was the result of genuine and good faith negotiations. The Commission also determined that the agreement contained provisions that met the minimum standards required by the Fair Work Act, including appropriate wage increases and other employment conditions. The agreement was deemed to be a better off overall test for the employees, as it included provisions that were favourable to them. Consequently, the Commission approved the agreement, finding it to be compliant with the legislative requirements and fair to all parties involved.

The Fair Work Commission approved the Tacoma Plumbing & Drainage Pty Ltd and CEPU Plumbing Division Union Greenfields Agreement 2019 - 2022. This decision ensures that the agreement will now serve as the basis for the employment conditions of the employees within the specified period, providing them with a fair and protective set of terms and conditions.

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