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

[2023] FWCA 2601

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

(AG2023/2675)

DIGIMECH GROUP AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2023

Application for approval of the Digimech 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 Digimech 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 17 August 2023 and, in accordance with s 54, it will operate from 24 August 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 matter before the Fair Work Commission involved an application for the approval of the Digimech Group and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant, CEPU, sought the Commission’s endorsement of the agreement, which had been negotiated between the union and the employer. The dispute centred on whether the agreement met the legal standards and criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission had to address included verifying that the agreement was genuinely negotiated, that it contained the necessary minimum terms and conditions, and that it complied with the provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement was free from any unfair provisions and whether it adequately provided for the resolution of any disputes that might arise during its term.

The Fair Work Commission determined that the agreement was indeed the product of genuine negotiations and included all the required minimum terms and conditions. The Commission found that the agreement was free from unfair provisions and provided sufficient mechanisms for dispute resolution. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements and its fairness to the parties involved.

In approving the agreement, the Commission issued orders confirming its validity and enforceability. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees and employers from the effective date of the approval. The orders also provided for the agreement to be available for reference and enforcement by the parties, ensuring that both the employer and the union could rely on its terms in their respective capacities.

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