DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2507)

PARAGON PLUMBING (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2020

Application for approval of the Paragon Plumbing (Qld) Pty Ltd and CEPU Plumbing Division Mechanical 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 Paragon Plumbing (Qld) 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] 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 sought approval of the Paragon Plumbing (Qld) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022. The applicant union argued that the agreement was in the best interests of the employees covered by it, and that it met the requirements for approval under the Fair Work Act 2009. The employer contested the application, asserting that the agreement did not meet the necessary standards for approval and that it contained provisions that were not in the best interests of the employees.

The central legal issues before the Commission were whether the agreement was in the best interests of the employees, whether it met the criteria for approval under the Fair Work Act, and whether the agreement contained any provisions that were not in the best interests of the employees. The Commission considered the arguments of both parties, examined the terms of the agreement, and evaluated the evidence presented to it.

After careful consideration, the Commission found that the agreement was in the best interests of the employees and met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it contained provisions that were consistent with the principles of the Fair Work Act. The Commission also found that the agreement did not contain any provisions that were not in the best interests of the employees.

As a result, the Commission approved the Paragon Plumbing (Qld) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022, subject to certain conditions and modifications. The employer was ordered to implement the agreement in accordance with the terms of the approval, and the union was directed to take such steps as were necessary to ensure that the agreement was properly communicated to the employees.

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