DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/783)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2020

Application for approval of the Paragon Plumbing 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 Paragon Plumbing 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 31 March 2020 and, in accordance with s 54, will operate from 7 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the CEPU Plumbing Division - NSW Branch, and Paragon Plumbing Pty Ltd. The union sought approval of a proposed enterprise agreement, titled the Paragon Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The agreement, which was to govern the terms and conditions of employment for workers in the mechanical sector employed by Paragon Plumbing, was contested by the union on behalf of its members. The union argued that the agreement was fair and appropriate, while Paragon Plumbing Pty Ltd raised concerns about the potential impact of the agreement on its business operations.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly the provisions concerning the agreement's fairness and its compliance with the relevant legislative framework. The court was tasked with assessing whether the agreement provided for fair and reasonable terms and conditions of employment, including matters such as remuneration, hours of work, and other employment-related matters. The court also had to consider whether the agreement was free from any undue coercion or pressure exerted by either party.

In delivering the judgment, the court examined the evidence presented by both parties and considered the arguments made regarding the fairness of the agreement. The court found that the proposed enterprise agreement did indeed meet the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions of employment and that it had been negotiated in good faith. The court also concluded that there was no evidence of undue influence or pressure exerted by either party during the negotiation process. Consequently, the court approved the Paragon Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023, deeming it to be a fair and appropriate agreement.

The final orders of the court were that the proposed enterprise agreement be approved, and that it would come into effect on the date specified in the agreement. The court's decision provided clarity and certainty for both the union and the employer, ensuring that the terms and conditions of employment for the affected workers were governed by a fair and legally compliant agreement.

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