DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1147)

SYFON SYSTEMS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MAY 2020

Application for approval of the Syfon Systems Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing 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 Syfon Systems 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 5 May 2020 and, in accordance with s 54, will operate from 12 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 an application for approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Syfon Systems Pty Ltd & CEPU Plumbing Division - NSW Branch. The application was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to oversee the implementation and enforcement of workplace laws in Australia. The union sought to have the proposed enterprise agreement, which was intended to cover employees of Syfon Systems Pty Ltd employed in the plumbing division in New South Wales, approved by the Commission. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act and whether it met the criteria for approval under the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement was a "better off overall test" (BOOT) agreement. Under the Fair Work Act, an enterprise agreement must meet the BOOT, which requires that the terms of the agreement must be at least as good as the applicable award or safety net, and must not disadvantage employees in relation to their existing terms and conditions of employment. The Commission also had to consider whether the agreement complied with other relevant provisions of the Act, including those relating to the bargaining process and the content of the agreement. Additionally, the Commission was required to determine whether the agreement was "in the public interest," as required by section 234 of the Act.

The Commission found that the proposed enterprise agreement did comply with the BOOT and other relevant provisions of the Fair Work Act. The agreement provided for a number of improvements to the employees' terms and conditions of employment, including increased pay rates and improved leave entitlements. The Commission was satisfied that the agreement had been negotiated in good faith and that it did not disadvantage employees. The Commission also found that the agreement was in the public interest, as it provided for improved industrial relations outcomes for the employees and their employer. Based on these findings, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Syfon Systems Pty Ltd & CEPU Plumbing Division - NSW Branch. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The employees will enjoy the improved terms and conditions of employment provided for in the agreement, and the employer will be bound by the terms of the agreement. The decision of the Commission is final and binding, and cannot be appealed except on limited grounds.

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