DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1246)

HANNA BROS PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MAY 2020

Application for approval of the Hanna Bros Plumbing 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 Hanna Bros Plumbing 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 15 May 2020 and, in accordance with s 54, will operate from 22 May 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Hanna Bros Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch. The dispute was about the approval of the 2019-2023 Enterprise Agreement, which was to be considered by the Fair Work Commission. The legal issues before the court revolved around the compliance of the agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the requirements for a "genuine agreement," including whether it was free from any improper influence or pressure, and whether it contained terms that were consistent with the Fair Work Act.

The court examined the evidence presented by the parties regarding the negotiation process of the agreement. It assessed whether there was any evidence of coercion or duress that might have affected the genuineness of the agreement. The court also looked into the terms of the agreement to ensure they did not contravene any provisions of the Fair Work Act, including those related to minimum wages, penalty rates, and other employment conditions. After considering the submissions and evidence, the court found that the agreement was genuinely negotiated and did not contain any terms that were inconsistent with the Fair Work Act. Therefore, the court approved the Enterprise Agreement.

Consequently, the court ordered the approval of the Hanna Bros Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023, recognising it as a valid agreement under the Fair Work Act. This decision ensured that the terms of the agreement would apply to the employees of Hanna Bros Plumbing Pty Ltd and the CEPU Plumbing Division - NSW Branch for the specified period.

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