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

[2023] FWCA 1759

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

(AG2023/1807)

RADCO PLUMBING AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2023

Application for approval of the Radco Plumbing 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 Radco Plumbing 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 16 June 2023 and, in accordance with s 54, it will operate from 23 June 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 Radco Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the enterprise agreement, which outlined the terms and conditions of employment for its members within the specified timeframe. The application was brought under the Fair Work Act 2009, which governs the regulation of enterprise agreements in Australia.

The central legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was made in accordance with the prescribed processes, including the proper notification and bargaining procedures, and whether it met the minimum standards set out in the Act, such as provisions for minimum wages, penalties, and termination of employment. Additionally, the Commission had to consider whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable.

In delivering its decision, the Commission carefully examined the evidence and submissions provided by the parties. The Commission found that the agreement had been made in compliance with the procedural requirements of the Act, including the necessary notifications and bargaining processes. Furthermore, the Commission determined that the agreement met the substantive requirements, including the minimum standards prescribed by the Act. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or unenforceable. Consequently, the Commission approved the enterprise agreement, recognising it as a lawful and valid agreement between the union and the employer.

The final orders of the Commission were that the Radco Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the Commission's decision and would govern the terms and conditions of employment for the union members for the specified period. The Commission's approval of the enterprise agreement ensures that it will be recognised as a binding and enforceable contract between the union and the employer, providing certainty and stability for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established