DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/2702)

TFG GROUP PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER BISSETT	MELBOURNE, 2 AUGUST 2019

Application for approval of the TFG Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the TFG Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the TFG Group Pty Ltd, with the dispute being the approval of the Enterprise Agreement between the two parties for the period 2016-2019. The matter was heard in the Fair Work Commission, an Australian independent statutory body with jurisdiction to resolve workplace disputes. The union sought approval of the agreement, while the employer contested certain aspects of the proposed terms.

The central legal issue before the Commission was whether the Enterprise Agreement met the necessary requirements under the Fair Work Act 2009, particularly regarding the process of its formation and the terms contained within. The employer argued that the agreement did not meet the procedural requirements for its formation, as it was not agreed to by a majority of employees in the relevant bargaining unit. Additionally, the employer contested several terms of the agreement, such as the provisions on shift penalties and redundancy entitlements, arguing they were not fair and reasonable.

The Commission examined the evidence presented by both parties and considered the legal framework provided by the Fair Work Act. The Commission found that while there were procedural shortcomings in the agreement formation process, the overall terms of the agreement were fair and reasonable. The Commission concluded that the procedural deficiencies did not invalidate the agreement, as the parties had made a genuine effort to reach an agreement and the terms themselves were equitable. Consequently, the Commission approved the Enterprise Agreement, notwithstanding the procedural issues.

The Fair Work Commission approved the Enterprise Agreement, subject to certain conditions. The employer was required to rectify the procedural shortcomings by ensuring future agreements are formed with proper employee consultation. The agreement's terms, including those on shift penalties and redundancy entitlements, were upheld as fair and reasonable. The approval was a significant outcome for the union, as it provided a legally binding framework for the employment conditions of its members within the TFG Group.

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