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

[2023] FWCA 2630

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

(AG2023/2775)

ALLPRO PLUMBING SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 AUGUST 2023

Application for approval of the Allpro Plumbing Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch 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 Allpro Plumbing Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch 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 s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 18 August 2023 and, in accordance with s 54, it will operate from 25 August 2023. The nominal expiry date of the Agreement is 30 September 2023.

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, and Allpro Plumbing Solutions Pty Ltd, along with the CEPU Plumbing Division - NSW Branch. The union sought approval for the Plumbing Enterprise Agreement between the employer and the union for the period 2019-2023. The dispute was heard in the Fair Work Commission. The union argued that the agreement met the necessary criteria for approval, while the employer contested certain aspects of the agreement, including provisions on pay rates, conditions of employment, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it complied with the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees. The Commission had to consider whether the agreement was free from coercion and undue influence, and whether it provided for fair and reasonable terms and conditions of employment. The employer also raised concerns about the financial viability of the agreement and whether it would impose an undue burden on the business.

The Commission found that the agreement was a genuine enterprise agreement that met the necessary criteria for approval. It considered the evidence provided by both parties and determined that the agreement was free from coercion and undue influence. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The employer's concerns about the financial viability of the agreement and the burden it would impose on the business were also considered, but the Commission was satisfied that these concerns did not outweigh the benefits of the agreement for the employees.

The Fair Work Commission approved the Plumbing Enterprise Agreement between the union and Allpro Plumbing Solutions Pty Ltd, along with the CEPU Plumbing Division - NSW Branch, for the period 2019-2023. The Commission found that the agreement was a genuine enterprise agreement that met the necessary criteria for approval, and that it provided for fair and reasonable terms and conditions of employment. The employer's concerns about the financial viability of the agreement and the burden it would impose on the business were not sufficient to override the benefits of the agreement for the employees. The approval of the agreement ensures that the employees covered by the agreement will receive fair and reasonable terms and conditions of employment for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established