DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/816)

AUSTRALIAN PIPE SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 APRIL 2020

Application for approval of the Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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 Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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 1 April 2020 and, in accordance with s 54, will operate from 8 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") applied for the approval of the Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2019 – 2023 (the "Agreement"). The Applicant sought the Fair Work Commission's approval of the Agreement under section 233 of the Fair Work Act 2009. The dispute centred on whether the Agreement met the necessary criteria for approval, including that it provided for a direct or indirect improvement in the pay, conditions, or entitlements of the employees covered by the Agreement.

The legal issues the court had to address included whether the Agreement satisfied the requirements under section 234 of the Fair Work Act, which sets out the criteria for the approval of an enterprise agreement. Specifically, the court needed to determine if the Agreement provided for a direct or indirect improvement in pay, conditions, or entitlements, and if it complied with other relevant provisions of the Act. Additionally, the court had to examine whether the Agreement was made in good faith and whether it adhered to the procedural requirements for the approval of an enterprise agreement.

The Fair Work Commission determined that the Agreement met the criteria for approval. It found that the Agreement provided for an indirect improvement in the pay, conditions, and entitlements of the employees, as it included provisions for additional paid leave and other benefits that were not previously available. The court also concluded that the Agreement was made in good faith and complied with the procedural requirements for approval under the Fair Work Act. As a result, the Fair Work Commission approved the Agreement.

The final orders of the Fair Work Commission were that the Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2019 – 2023 be approved under section 233 of the Fair Work Act, with the approval to be effective from the date of the decision. The approval was subject to the terms and conditions of the Agreement and the continuing compliance with the Fair Work Act.

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