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

[2023] FWCA 1822

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

(AG2023/1883)

MULGRAVE INSULATION (QLD) PTY LTD AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2021-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2023

Application for approval of the Mulgrave Insulation (Qld) Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2021-2024

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 Mulgrave Insulation (Qld) Pty Ltd and CEPU Plumbing Division Lagging Union Collective Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 21 June 2023 and, in accordance with s 54, will operate from 28 June 2023. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied to the Fair Work Commission for the approval of a collective agreement between the Union and Mulgrave Insulation (Qld) Pty Ltd (the Employer). The agreement was intended to regulate the employment conditions of members of the Union who were employed by the Employer in the plumbing division of the company. The Union argued that the agreement was fair and reasonable, while the Employer contended that the agreement was overly prescriptive and would be difficult to implement.

The legal issues before the Commission were whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the overall conditions of employment under the agreement were better than those provided by the relevant award or safety net. The Commission also had to determine whether the agreement was compliant with the Fair Work Act 2009, including whether it contained any provisions that were contrary to public policy or were otherwise invalid.

The Commission found that the agreement was a BOOT agreement, as it provided better overall conditions of employment for the Union members than the relevant award. The Commission also found that the agreement was compliant with the Fair Work Act, except for a few minor technical issues that the parties had agreed to rectify. The Commission approved the agreement, subject to the parties addressing the minor technical issues.

The Commission's decision was based on its assessment of the evidence presented by the parties and its consideration of the relevant legal framework. The Commission found that the Union had demonstrated that the agreement provided better overall conditions of employment for its members, and that the agreement was not contrary to public policy or otherwise invalid. The Commission's approval of the agreement was subject to the parties addressing the minor technical issues identified by the Commission.

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