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

[2023] FWCA 3182

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

(AG2023/3390)

PLANET PLUMBING QLD PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 OCTOBER 2023

Application for approval of the Planet Plumbing Qld Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Planet Plumbing Qld Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026 (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 declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 3 October 2023 and, in accordance with s 54, it will operate from 10 October 2023. The nominal expiry date of the Agreement is 31 October 2026.

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 collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Planet Plumbing Qld Pty Ltd (the "Employer"). The Union sought to have the proposed collective agreement for the period 2023-2026 approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment that the agreement proposed for the employees of the Employer, who are members of the Union.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act, specifically whether the agreement met the criteria for being a "registered agreement". The Commission was required to consider whether the agreement provided for the "better off overall test" (BOOT), ensuring that employees would not be worse off financially than under the applicable award or registered agreement. Additionally, the Commission had to ensure that the agreement was consistent with the principles of the National Employment Standards and the general protections outlined in the Act.

In its decision, the Commission found that the proposed agreement did indeed satisfy the requirements of the Fair Work Act. The Commission determined that the agreement met the BOOT, and that it contained provisions that were no less favourable than the relevant award or any existing registered agreement. The Commission also found that the agreement was consistent with the National Employment Standards and general protections. Consequently, the Commission approved the proposed collective agreement, making it a legally binding document between the Union and the Employer.

The Fair Work Commission approved the proposed collective agreement between the Union and the Employer, effective from the specified period. The Commission's decision was based on the finding that the agreement met all statutory requirements and provided employees with terms and conditions that were not less favourable than those under the applicable award or registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established