DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1240)

AQUATECH SYPHONICS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 1 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Aquatech Syphonics Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2020. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission (FWC) considered an application for the approval of the Aquatech Syphonics Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023. The union, acting on behalf of its members, sought the approval of the agreement which outlined terms and conditions of employment for its members working in the plumbing industry under the enterprise in question.

The primary legal issue before the FWC was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for minimum terms and conditions as per the Act, and whether it was free from any unfair content. The union argued that the agreement met these requirements, while the employer raised concerns regarding certain provisions.

The FWC examined the provisions of the agreement in detail and found that the agreement provided for minimum terms and conditions as required by the Fair Work Act. The FWC further found that the agreement was free from unfair content, as it did not include any provisions that would be considered unfair according to the Act. The FWC took into account the nature of the industry, the bargaining positions of the parties, and the need for a fair and reasonable agreement that balanced the interests of both employers and employees. After careful consideration, the FWC approved the enterprise agreement.

The Fair Work Commission approved the Aquatech Syphonics Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023, recognising it as meeting the requirements for approval under the Fair Work Act. The agreement was deemed to provide for minimum terms and conditions and to be free from any unfair content. This decision provides certainty for the parties involved and sets a precedent for similar agreements in the plumbing industry.

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