DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/962)

SMART PLUMBING SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2020

Application for approval of the Smart Plumbing Solutions 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 Smart Plumbing Solutions 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 17 April 2020 and, in accordance with s 54, will operate from 24 April 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 before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Smart Plumbing Solutions Pty Ltd. The dispute centred on the application for approval of the Smart Plumbing Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019 - 2023. The parties sought to resolve the procedural and substantive issues that arose during the negotiation and approval process of the enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement had been fairly negotiated and if it contained all the required terms and conditions as stipulated by the Act. The Commission also needed to consider if the agreement met the 'better off overall test', ensuring that the employees would be no worse off financially and had at least some additional benefits compared to the applicable award or existing enterprise agreement. Furthermore, the Commission had to verify if the agreement contained any unlawful content or if it contravened any other provisions of the Act.

In its decision, the Commission thoroughly examined the negotiation process and the contents of the agreement. It found that the agreement had been fairly negotiated, meeting the procedural requirements of the Act. The Commission also confirmed that the agreement contained all the mandated terms and conditions and satisfied the 'better off overall test'. The Commission further determined that the agreement did not contain any unlawful content and did not contravene any other provisions of the Act. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the relevant legislative framework.

As a result of the Commission's decision, the Smart Plumbing Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019 - 2023 was approved and registered under the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the employment conditions of the employees within the scope of the agreement 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