DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/741)

RAB'S PLUMBING SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2020

Application for approval of the Rab's Plumbing Services 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 Rab’s Plumbing Services 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 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 Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Rab's Plumbing Services Pty Ltd, with the CEPU Plumbing Division - NSW Branch, concerning the approval of a proposed enterprise agreement. The central dispute centred on the procedural fairness and the fairness of the terms and conditions stipulated in the agreement. The Fair Work Commission was tasked with determining whether the agreement was suitable for approval under the relevant legislative framework.

The primary legal issues addressed by the Commission included whether the agreement was made in good faith and whether it complied with the procedural requirements as mandated by the Fair Work Act 2009. Additionally, the Commission examined whether the terms of the agreement were fair and reasonable, taking into account the broader economic context and the interests of the employees represented by the union.

In its reasoning, the Commission found that the agreement was made in good faith and that the procedural requirements had been met. The Commission emphasised the importance of balancing the interests of the employer and the union, while also considering the welfare of the employees. The terms of the agreement were found to be fair and reasonable, reflecting the economic context and providing a balanced outcome for all parties involved. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered the approval of the Rab's Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023, effective from the date of the decision. This approval signifies the formal recognition of the agreement as a binding contract between the employer and the union, governing the terms and conditions of employment for the employees within 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