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

[2023] FWCA 2903

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

(AG2023/3046)

MD LAGGING PROFESSIONAL GROUP AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2023

Application for approval of the MD Lagging Professional Group and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

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 MD Lagging Professional Group and CEPU - Plumbing Division (Vic) 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.

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 8 September 2023 and, in accordance with s 54, it will operate from 15 September 2023. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia against the CEPU - Plumbing Division (Vic). The union sought approval of the MD Lagging Professional Group and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The central issue for the Commission was whether the agreement met the "better off overall test" (BOOT) as outlined in section 233 of the Fair Work Act 2009. The BOOT requires that an enterprise agreement should provide employees with at least the same terms and conditions as those provided under the relevant awards, and preferably better conditions.

The Commission assessed the agreement against the BOOT by comparing the proposed terms and conditions with those provided under the relevant awards. The union argued that the agreement offered employees better terms and conditions, including provisions for wage increases, improved leave entitlements, and better working conditions. The employer contended that the agreement did not meet the BOOT as it did not provide employees with at least the same terms and conditions as the awards. The Commission found that the agreement did indeed provide employees with terms and conditions that were at least as good as those in the awards, and in some cases, better. The Commission concluded that the agreement met the BOOT and was therefore approved.

The Fair Work Commission approved the MD Lagging Professional Group and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The Commission determined that the agreement met the "better off overall test" and provided employees with terms and conditions that were at least as good as those in the relevant awards, and in some cases, better. The approval of the agreement ensures that employees within the MD Lagging Professional Group and CEPU - Plumbing Division (Vic) are covered by a fair and equitable enterprise agreement that provides them with improved terms and conditions of employment.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established