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

[2023] FWCA 1546

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

(AG2023/1523)

IQ PLUMBING SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2023

Application for approval of the IQ Plumbing Solutions 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 IQ Plumbing Solutions 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 31 May 2023 and, in accordance with s 54, it will operate from 7 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 case involved an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and IQ Plumbing Solutions Pty Ltd (the Employer). The agreement in question was the IQ Plumbing Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement). The application was made to the Fair Work Commission (the Commission) under section 231 of the Fair Work Act 2009 (the Act). The Union sought approval of the Agreement, which aimed to govern the terms and conditions of employment for employees within the Employer’s business.

The primary legal issue before the Commission was whether the Agreement met the requirements of section 230 of the Act, which stipulates that an enterprise agreement must be approved if it complies with the provisions of the Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to consider whether the Agreement contained the necessary ‘independent’ bargaining provisions as required by section 227 of the Act. The Union argued that the Agreement met all legal requirements and should be approved, while the Employer raised concerns about the independence of the bargaining process.

The Commission determined that the Agreement was appropriately negotiated and met all legal requirements for approval. The Commission found that the bargaining process was conducted independently and in good faith, as evidenced by the documentation and testimonies provided. The Commission also noted that the Agreement contained all the necessary provisions required by the Act, including those related to pay and conditions, and that it did not contain any terms that would be against public policy. Given these findings, the Commission approved the Agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission approved the IQ Plumbing Solutions Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from 1 July 2019. This decision affirmed that the Agreement met all legal criteria for approval and was a fair and reasonable agreement for the employees covered by it. The Commission's approval ensures that the terms and conditions set out in the Agreement will govern the employment relationship between the Employer and the employees for the specified period.

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