DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1132)

AUSTPIPE PLUMBING SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2020

Application for approval of the Austpipe Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Austpipe Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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] 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 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 matter before the Fair Work Commission involved an application for the approval of the Austpipe Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the respondent was Austpipe Plumbing Services Pty Ltd. The nature of the dispute was to determine whether the enterprise agreement met the requirements of the Fair Work Act 2009 and was in compliance with the Fair Work (Registered Organisations) Act 2009.

The legal issues that the court was required to decide were whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment, and whether the agreement was made in good faith and without coercion. The court also needed to consider whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment for employees who were not members of the CEPU, as well as whether the agreement complied with the relevant provisions of the Fair Work Act.

The court found that the agreement met the requirements of the Fair Work Act and was in compliance with the Fair Work (Registered Organisations) Act. The court was satisfied that the agreement provided for a fair and reasonable method of determining the wages and conditions of employment and was made in good faith and without coercion. The court also found that the agreement provided for a fair and reasonable method of determining the wages and conditions of employment for employees who were not members of the CEPU. The court was satisfied that the agreement complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Austpipe Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The agreement was approved as a single-enterprise agreement and as a modern award. The approval was effective from 1 July 2019.

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