DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1705)

PB PLUMBERS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2020

Application for approval of the PB Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

[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 PB Plumbers Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 (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 have 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 26 June 2020 and, in accordance with s 54, will operate from 3 July 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of the Plumbing Enterprise Agreement 2019-2023 between PB Plumbers Pty Ltd and the CEPU Plumbing Division - NSW Branch. The agreement was submitted to the Fair Work Commission under the Fair Work Act 2009. The union argued that the agreement provided for fair and reasonable terms and conditions for employees, and should be approved. The employer contested that certain provisions of the agreement were unfair, and that the agreement should not be approved.

The court had to determine whether the agreement was fair and reasonable, and whether any unfair provisions could be disregarded. The court also had to consider whether the agreement met the requirements of the Fair Work Act, including the provisions relating to good faith bargaining and the protection of employees' rights. The court examined the terms and conditions of the agreement, as well as the bargaining process that led to its creation.

The court found that the agreement was fair and reasonable overall, and that any unfair provisions could be disregarded. The court noted that the agreement provided for fair wages and conditions for employees, and that it met the requirements of the Fair Work Act. The court also found that the bargaining process was conducted in good faith, and that the agreement reflected the parties' genuine negotiations. The court approved the agreement, subject to certain modifications to address the unfair provisions.

The court ordered that the agreement be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and would come into effect on the date of registration. The court also ordered that certain modifications be made to the agreement, to address the unfair provisions that had been identified. The modifications included changes to the provisions relating to penalty rates and overtime, as well as changes to the provisions relating to the classification of employees. The court's decision was final and binding, and could not be appealed.

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