DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/677)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2020

Application for approval of the Brown & Moodie (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 Brown & Moodie (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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 25 March 2020 and, in accordance with s 54, will operate from 1 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 a proposed enterprise agreement between Brown & Moodie (NSW) Pty Ltd and the CEPU Plumbing Division - NSW Branch. The applicant, CEPU, sought to have the agreement ratified, which would cover the period from 2019 to 2023. The legal issues at hand centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was in the best interests of the employees, whether it provided for the fair and efficient determination of employees’ terms and conditions of employment, and whether it complied with any relevant provisions of the Act.

The court considered various aspects of the agreement, including the provisions relating to wages, hours of work, leave entitlements, and dispute resolution mechanisms. It also examined the process by which the agreement was negotiated and whether it was done in good faith and without coercion. The court found that the agreement contained provisions that were fair and reasonable, and that it had been negotiated in a manner consistent with the principles of good faith bargaining. The court also noted that the agreement provided for a transparent and efficient process for resolving disputes between the parties. After reviewing all the evidence and arguments presented, the court was satisfied that the agreement met the statutory criteria for approval.

In conclusion, the Fair Work Commission approved the Brown & Moodie (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The court found that the agreement was in the best interests of the employees and provided for the fair and efficient determination of their terms and conditions of employment. The court also determined that the agreement complied with all relevant provisions of the Fair Work Act 2009 and that it had been negotiated in good faith. The final orders of the court were that the agreement be approved as a registered agreement under the Act, effective from the date of the decision.

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