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

[2023] FWCA 2500

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

(AG2023/2599)

SUPPLY AIR SERVICES (AUST) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 -2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 AUGUST 2023

Application for approval of the Supply Air Services (Aust) Pty Ltd 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 Supply Air Services (Aust) Pty Ltd 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 10 October 2023 and, in accordance with s 54, it will operate from 17 October 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 dispute arose between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Supply Air Services (Aust) Pty Ltd (the "Employer"). The Union sought approval of the Plumbing Enterprise Agreement 2019-2023 (the "Agreement") under the Fair Work Act 2009 (the "Act"). The case was heard in the Fair Work Commission (the "Commission").

The primary legal issue before the Commission was whether the Agreement complied with the requirements of the Act, particularly sections 228 and 230, which relate to the fair and reasonable nature of the agreement and its compliance with the "better off overall test." The Union argued that the Agreement was fair and reasonable, while the Employer contended that certain provisions were not in line with the Act's requirements.

The Commission examined the Agreement's provisions in detail, assessing whether they were fair and reasonable, and whether they met the better off overall test. The Commission noted that the Agreement contained provisions that were in line with industry standards and practices and were not overly onerous on the Employer. The Commission also found that the Agreement did not unfairly disadvantage employees and was generally balanced. Based on these findings, the Commission approved the Agreement under the Act.

The Commission issued an order approving the Supply Air Services (Aust) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The Agreement was deemed to be fair and reasonable and in compliance with the requirements of the Fair Work Act 2009. The Employer and the Union were directed to comply with the terms of the approved Agreement.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established