DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/739)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MARCH 2020

Application for approval of the Planet Plumbing NSW Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

[1] The 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 Planet 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 30 March 2020 and, in accordance with s 54, will operate from 6 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 an application for the approval of the Plumbing Enterprise Agreement 2019-2023 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Planet Plumbing NSW Pty Ltd and the CEPU Plumbing Division - NSW Branch (the "Employers"). The Union sought to have the agreement, which contained provisions for wages, hours of work, and other employment conditions, approved by the Commission under section 233 of the Fair Work Act 2009. The Employers did not oppose the application, and the dispute centred on whether the agreement met the necessary criteria for approval under the Act.

The key legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether it contained the minimum terms and conditions mandated by law, and whether the agreement was in the best interests of the employees covered by it. The Union argued that the agreement was fair and reasonable and met all the statutory requirements, while the Employers did not contest the application, implicitly agreeing that the agreement was satisfactory.

The Commission found that the agreement had been made in good faith and contained all the prescribed minimum terms and conditions. The Union had provided a good faith bargaining certificate, and the Employers had not raised any objections to the terms. The Commission also noted that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the economic circumstances and the needs of the industry. The Commission was satisfied that the agreement was in the best interests of the employees and approved it under section 233 of the Fair Work Act.

The Commission approved the Plumbing Enterprise Agreement 2019-2023, effective from 1 January 2020, and in place until 30 June 2023. The agreement now provides the basis for the terms and conditions of employment for the employees covered by it. The Union and Employers are bound by the agreement, and any disputes arising under it must be resolved in accordance with the procedures set out in the 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