DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/856)

CENTRAL PLUMBING (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2020

Application for approval of the Central Plumbing (NSW) 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 Central Plumbing (NSW) 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 6 April 2020 and, in accordance with s 54, will operate from 13 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 case before the Fair Work Commission was an application for the approval of the Central Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied for the agreement's approval, while the employer contested it on several grounds. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it was free from coercion and undue influence, and if it provided for proper minimum terms and conditions of employment. The employer argued that the agreement did not meet these criteria due to procedural issues and the inclusion of certain clauses that were not in line with statutory minimum standards.

In examining these issues, the court considered the evidence presented by both parties. The union argued that the agreement was made in good faith and was free from any coercion or undue influence. The employer, on the other hand, provided evidence suggesting procedural irregularities in the agreement's formation and pointed to specific clauses that did not comply with the Fair Work Act. After evaluating the evidence, the court found that the agreement was generally made in good faith, free from undue influence, and compliant with statutory minimum terms and conditions. The court also found that the procedural issues did not render the agreement invalid.

The court approved the agreement, subject to certain modifications to address the non-compliant clauses. These modifications ensured that the agreement complied with the Fair Work Act and provided for the proper minimum terms and conditions of employment. The final orders of the court required the union and the employer to implement the approved agreement, with the specified modifications, within the agreed timeframe.

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