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

[2023] FWCA 1922

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

(AG2023/2049)

RISE GROUP PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2023

Application for approval of the Rise Group 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 Rise Group 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 28 June 2023 and, in accordance with s 54, it will operate from 5 July 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 Rise Group Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The union sought approval of the agreement, while the employer contested certain aspects. The focus of the dispute was on the terms and conditions set forth in the enterprise agreement, with particular attention to compliance with the relevant federal industrial instruments.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This encompassed examining whether the agreement provided for a safety net of minimum wages and conditions, included provisions for employee entitlements, and adhered to the procedural requirements for employee consultation and agreement registration. The employer raised objections concerning specific provisions, arguing they were inconsistent with or did not comply with certain federal awards and agreements.

In its decision, the Commission considered the provisions of the Fair Work Act and relevant industrial instruments. It determined that while the agreement largely met the requirements, certain clauses needed to be amended to ensure compliance. The Commission directed the parties to negotiate and revise the contested provisions to address the employer's concerns, ensuring the agreement conformed to the statutory standards. Following the amendments, the Commission approved the enterprise agreement, acknowledging that it now provided for a safety net of minimum wages and conditions and was compliant with the procedural requirements.

The final orders included the approval of the amended Rise Group Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, subject to the specified changes. The parties were directed to implement the revised agreement and ensure all employees were informed of its contents. The Commission also mandated that the union and employer maintain a cooperative approach in the ongoing management of the agreement.

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