DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1537)

PRITCHY'S PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JUNE 2020

Application for approval of the PRITCHY'S PLUMBING Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023.

[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 PRITCHY’S PLUMBING Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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 12 June 2020 and, in accordance with s 54, will operate from 19 June 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 matter before the Fair Work Commission involved an application for approval of the Pritch's Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement, while Pritch's Plumbing Pty Ltd contested certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the "better off overall test" (BOOT) as required by section 234 of the Fair Work Act 2009. The Commission had to assess whether the agreement provided employees with conditions that were no worse than, and at least one condition that was better than, their previous conditions. Additionally, the Commission examined whether the agreement complied with other relevant provisions of the Act, including the "good faith" requirement under section 228.

The Fair Work Commission found that the agreement met the BOOT, as employees were provided with improved conditions, including wage increases and enhanced leave provisions. The Commission also determined that the agreement was made in good faith, as it was negotiated between the parties with genuine intent to reach a resolution. Furthermore, the Commission confirmed that the agreement complied with all other relevant provisions of the Act. Therefore, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Pritch's Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023, effective from 1 April 2019. The agreement is to be registered with the Fair Work Commission and will apply to the employees covered by the agreement.

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