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

[2023] FWCA 2165

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

(AG2023/2268)

APPLICATION FOR APPROVAL OF THE NSR CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 13 JULY 2023

Application for approval of the NSR Contractors Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

An application has been made for approval of an enterprise agreement known as the NSR CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2023. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and NSR Contractors Pty Ltd. The union sought approval of an enterprise agreement between itself and NSR Contractors, specifically tailored for the plumbing division in Victoria. This request was lodged with the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes and the establishment of safety nets of minimum entitlements for employees. The dispute centred on whether the agreement complied with the necessary legal standards and provisions outlined in the Fair Work Act 2009.

The central legal issue was whether the Plumbing Enterprise Agreement 2019-2023, proposed by the union and NSR Contractors, met the requisite conditions under the Fair Work Act 2009. This involved ensuring the agreement adhered to the procedural fairness, did not contain any provisions that were contrary to public policy, and provided for the appropriate minimum standards for employees within the specified industry. The Commission had to assess the balance of the agreement in terms of its fairness and compliance with the legislative framework.

The Fair Work Commission found that the proposed agreement did indeed comply with the relevant legal standards. The agreement was deemed to be procedurally fair, did not contain any provisions that were contrary to public policy, and provided for appropriate minimum standards for employees. The Commission acknowledged the negotiation process between the union and the employer, noting that the agreement was the result of genuine bargaining. Therefore, the Commission approved the agreement, ensuring it would be effective in governing the terms and conditions of employment for the specified period. This decision was made in the context of maintaining fair industrial relations practices within the industry.

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