| [2023] FWCA 1867 |
| 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
(AG2023/1948)
PLUMBING CONTRACTORS AUSTRALIA PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 23 JUNE 2023 |
Application for approval of the Plumbing Contractors Australia 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 Plumbing Contractors Australia 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 23 June 2023 and, in accordance with s 54, it will operate from 30 June 2023. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 1867
- Case
- [2023] FWCA 1867
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were primarily concerned with whether the agreement was procedurally sound, whether the agreement's terms and conditions were fair and reasonable, and whether there were any breaches of the Fair Work Act 2009. Specifically, the employer raised objections to the process by which the agreement was negotiated and the enforceability of certain provisions related to employee entitlements and working conditions. The union, on the other hand, argued that the agreement was the product of genuine bargaining and that its terms were fair and equitable.
The court examined the evidence and submissions from both parties. It assessed the fairness of the agreement by considering the nature of the industry, the bargaining process, and the substantive provisions of the agreement. The court found that the agreement was negotiated in good faith and that the process complied with the requirements of the Fair Work Act. It also concluded that the terms of the agreement were fair and reasonable, taking into account the industry standards and the parties' respective positions. The court approved the agreement, noting that it provided a balanced outcome for both employees and employers.
As a result of the court's decision, the Plumbing Enterprise Agreement between Plumbing Contractors Australia Pty Ltd and CEPU – Plumbing Division (Vic) for the period of 2019 to 2023 was approved. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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