DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1133)

WHO GROUP TRADES & LABOUR PTY LTD AND CEPU - PLUMBING DIVISION (VIC) LABOUR HIRE ENTERPRISE AGREEMENT 2018 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the Who Group Trades & Labour Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Who Group Trades & Labour Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018 - 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 3 May 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 parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Who Group Trades & Labour Pty Ltd (Who Group). The Union sought approval of the Who Group Trades & Labour Pty Ltd and CEPU - Plumbing Division (Vic) Labour Hire Enterprise Agreement 2018 - 2019 (the Agreement) under section 234 of the Fair Work Act 2009 (Cth). The dispute centred on the procedural fairness of the Fair Work Commission's (FWC) handling of the application, specifically whether the Union had been given a fair opportunity to make submissions on the application.

The central legal issue before the court was whether the Union had been afforded procedural fairness by the FWC in its consideration of the application for approval of the Agreement. The Union argued that it had not been given a fair opportunity to make submissions on the application, which was a requirement under the Fair Work Act. The Union further contended that the FWC had not considered the Union's submissions, which were relevant to the approval of the Agreement.

In determining the matter, the court considered the principles of natural justice and procedural fairness, including the right to be heard. The court found that the Union had not been given a fair opportunity to make submissions on the application for approval of the Agreement. The court also found that the FWC had failed to consider the Union's submissions, which were relevant to the approval of the Agreement. The court held that the Union's right to procedural fairness had been breached, and the application for approval of the Agreement was quashed.

The court's decision resulted in the quashing of the FWC's decision to approve the Agreement. The matter was remitted to the FWC for reconsideration, with directions to ensure that the Union was given a fair opportunity to make submissions on the application for approval of the Agreement. The court emphasised the importance of procedural fairness in the context of enterprise agreements and the need for the FWC to consider relevant submissions when making its decisions.

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