Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2019] FWCA 6901

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2019/3519)

PCD Group and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2020

Plumbing industry
Deputy President Colman	MELBOURNE, 7 OCTOBER 2019

Application for approval of the PCD Group and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2020.

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 PCD Group and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

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.

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.

The Agreement was approved on 7 October 2019 and, in accordance with s 54, will operate from 14 October 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the PCD Group and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2020. The union argued that the agreement should be approved as it had been fairly negotiated and met the criteria under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legislative requirements for enterprise agreements and whether it adequately addressed the needs and interests of both the employees and the employer.

The court was tasked with determining whether the agreement was genuinely negotiated, free from any coercion or duress, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court needed to assess if the agreement met the provisions of the Fair Work Act, particularly regarding the bargaining process and the content of the agreement. The court also had to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which governs the conduct of union officials and the registration of unions.

The court found that the agreement had been fairly negotiated and met the legal requirements set out in the Fair Work Act. The union had acted within its powers, and the agreement was consistent with the provisions of the act. The terms and conditions outlined in the agreement were deemed to be fair and reasonable, considering the context of the industry and the bargaining positions of both parties. The court approved the agreement, affirming that it was in the best interests of the employees and the employer, and would facilitate a stable and productive working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established