DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2341)

COOKE & DOWSETT PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2020

Application for approval of the Cooke & Dowsett Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Cooke & Dowsett Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 43 – Parental Leave

• Clause 39 – Public Holidays

• Clause 48 – Domestic and Family Violence Leave

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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the union representative, and Cooke & Dowsett Pty Ltd, a company within the plumbing industry. The union sought approval for a collective agreement between itself and the CEPU Plumbing Division, covering the period from 2019 to 2022. The dispute centred on the terms and conditions set forth in the proposed agreement, with the union arguing for the benefits and protections it would provide to its members, while Cooke & Dowsett Pty Ltd expressed concerns about the financial implications and operational constraints the agreement might impose.

The primary legal issues the Fair Work Commission had to address were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, including wages and other benefits, for the employees represented by the union. Additionally, the court needed to consider whether the agreement complied with relevant industrial laws and whether it would unduly harm the employer's ability to operate its business.

In reaching its decision, the Fair Work Commission examined the contents of the proposed agreement in detail, weighing the union's arguments for fair and equitable treatment of its members against the employer's concerns about the agreement's financial and operational impacts. The commission took into account the bargaining positions of the parties, the nature of the industry, and the broader economic context. Ultimately, the Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions, and that it did not unduly harm the employer's business operations. Therefore, the commission approved the collective agreement, allowing it to come into effect from the specified period.

The final orders of the commission were that the Cooke & Dowsett Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022 be approved and registered under the Fair Work Act 2009, with the agreement to be binding on all parties from the date of registration.

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