DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1125)

LANGTON ROOFING & CONSTRUCTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2020

Application for approval of the Langton Roofing & Constructions 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 Langton Roofing & Constructions 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] 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) I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division - NSW Branch, and Langton Roofing & Constructions Pty Ltd. The dispute centred around the application for approval of the Langton Roofing & Constructions Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The matter was heard by the Fair Work Commission.

The primary legal issues the court needed to address were whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the public interest, did not undermine the protection of workers' rights, and was not contrary to any other industrial laws. Furthermore, the court considered whether the agreement provided fair terms and conditions for the employees and if it was consistent with the principles of the Australian labour market.

The Fair Work Commission carefully examined the terms of the agreement, the bargaining process, and the context in which the agreement was made. The court concluded that the agreement met the necessary criteria for approval. It found that the agreement was in the public interest, did not undermine workers' rights, and was consistent with other industrial laws. The agreement also provided fair terms and conditions for employees and adhered to the principles of the Australian labour market. Based on these findings, the court approved the Langton Roofing & Constructions Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

As a result of the court's decision, the agreement was approved and is now in effect. This approval ensures that the terms and conditions outlined in the agreement are legally binding for both the employer and the employees involved.

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