DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2500)

BEAVIS & BARTELS PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the Beavis & Bartels Pty Ltd and CEPU Plumbing Division 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 Beavis & Bartels 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 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

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Beavis & Bartels Pty Ltd, concerning the approval of the Beavis & Bartels Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of section 233 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions, and whether it included appropriate provisions for employees to be free from discrimination and unfair treatment. Additionally, the Commission had to assess if the agreement facilitated a cooperative workplace environment conducive to productivity and efficiency.

In reaching its decision, the Commission considered the provisions of the agreement, the submissions from both parties, and the broader context of industrial relations law. The Commission found that the agreement contained terms and conditions that were fair and reasonable, did not discriminate against any group of employees, and included provisions that promoted a cooperative workplace. The agreement was deemed to facilitate productivity and efficiency by providing clear guidelines for employment conditions and dispute resolution mechanisms.

The Fair Work Commission approved the Beavis & Bartels Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022, finding it met the necessary statutory requirements and promoted a fair and cooperative workplace. The Commission's approval was based on its satisfaction that the agreement provided for fair and reasonable terms and conditions of employment, did not discriminate against any employees, and supported a productive and efficient workplace environment.

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