DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/688)

CDC PLUMBING & DRAINAGE & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2020

Application for approval of the CDC Plumbing & Drainage & 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 CDC Plumbing & Drainage & 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 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 applicants in this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the CDC Plumbing & Drainage & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The applicant union is a registered organisation under the Act and the employer is a registered employer. The dispute was heard by the Commission, with Commissioner McCabe, Deputy President Ryan, and Commissioner Harper presiding.

The legal issues before the court involved determining whether the agreement met the criteria for approval under section 233 of the Fair Work Act. The court needed to consider if the agreement had been made in good faith, if it provided for a fair and efficient workplace, and if it contained the necessary minimum terms and conditions. The court also had to examine if the agreement included provisions for the protection of vulnerable employees and if it complied with the general protections provisions of the Act.

The Commission found that the agreement met the criteria for approval. The court noted that the agreement contained all the necessary minimum terms and conditions, provided for a fair and efficient workplace, and included provisions for the protection of vulnerable employees. The Commission also found that the agreement had been made in good faith and complied with the general protections provisions of the Act. The court was satisfied that the agreement was in the best interests of the employees and the employer and approved the application. The agreement was approved subject to certain conditions, including a requirement for the employer to provide the union with certain information about the agreement's operation.

The final orders of the court were that the CDC Plumbing & Drainage & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023 be approved as a registered agreement under section 233 of the Fair Work Act, subject to the conditions outlined in the decision. The court also ordered that the agreement be registered by the Fair Work Commission and that the union and employer provide the Commission with any required information about the agreement's operation. The court's decision provides guidance for unions and employers on the criteria for approving enterprise agreements and the importance of ensuring that agreements meet the requirements of 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