DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1218)

FLUID CONTRACTING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 13 MAY 2020

Application for approval of the Fluid Contracting 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 Fluid Contracting 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 the 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 20 May 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

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Fluid Contracting Pty Ltd and CEPU Plumbing Division - NSW Branch. The nature of the dispute was the application for approval of the Plumbing Enterprise Agreement 2019-2023 between the union and the employer. The court involved was the Fair Work Commission. The legal issues that the court had to decide included whether the agreement was in the best interests of the employees, whether it complied with the Fair Work Act 2009, and whether the process of forming the agreement was fair and reasonable.

The court considered various factors in reaching its decision. It examined the terms and conditions of the agreement, including wages, hours of work, and other employment-related matters. The court also assessed whether the agreement provided for a fair and reasonable level of protection for employees, taking into account the nature of the industry and the bargaining power of the parties. Additionally, the court looked at the process used to negotiate and finalise the agreement, ensuring it was conducted in a fair and reasonable manner.

The court found that the agreement was in the best interests of the employees and complied with the Fair Work Act 2009. It also determined that the process of forming the agreement was fair and reasonable. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it was an improvement on the previous agreement. Consequently, the court approved the agreement.

The final orders of the court were that the Plumbing Enterprise Agreement 2019-2023 between the union and the employer be approved and registered with the Fair Work Commission. The agreement would then be binding on the parties and their employees, effective from the date of registration. The court's decision provided certainty and stability for the employees and the employer, allowing them to move forward with the new agreement in place.

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