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

[2023] FWCA 1448

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

(AG2023/1373)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MAY 2023

Application for approval of the Apex 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 Apex 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 19 May 2023 and, in accordance with s 54, it will operate from 26 May 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, seeking approval for the Apex Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The nature of the dispute centred around the procedural validity and fairness of the proposed enterprise agreement, which was to govern the terms and conditions of employment for members of the union in the plumbing industry in Victoria over a four-year period. The application was heard by the Fair Work Commission, which holds the authority to approve such agreements under the Fair Work Act 2009.

The legal issues that the commission was required to decide involved whether the union had followed the correct procedures in negotiating and finalising the agreement, whether the agreement was fair and reasonable, and whether it complied with the requirements of the Fair Work Act. Specifically, the commission needed to determine if the agreement was made in good faith, if it contained terms that were necessary to protect workers' rights and interests, and if it had been properly certified by the relevant industrial body. Additionally, the commission had to consider submissions from interested parties, including employers and employees, to assess the overall fairness of the agreement.

The commission found that the union had adhered to the procedural requirements set out in the Fair Work Act, including providing notice and opportunity for consultation. The commission also concluded that the agreement was fair and reasonable, taking into account the economic circumstances and the need to balance the interests of both employers and employees. The agreement contained provisions that addressed key issues such as wages, working conditions, and dispute resolution mechanisms, which the commission deemed to be adequate and appropriate. As a result, the commission approved the Apex Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, and it came into effect on the date of the decision.

The final orders of the commission included the approval of the enterprise agreement, which would govern the employment conditions for members of the union in the plumbing industry in Victoria for the specified period. The commission also ordered that the agreement be registered with the Fair Work Commission, and that it be provided to all relevant parties, including employers and employees. The commission emphasised the importance of the agreement in providing a framework for fair and reasonable employment practices within the industry, and it encouraged all parties to adhere to its terms and provisions.

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