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

[2023] FWCA 1449

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

(AG2023/1375)

MELON GROUP PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MAY 2023

Application for approval of the Melon Group 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 Melon Group 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 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

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Melon Group Pty Ltd, sought approval for the CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The central issue before the court was whether the agreement met the requirements of the Fair Work Act 2009 for approval by the Commission. Specifically, the court needed to determine if the agreement was appropriately made, contained all necessary terms, and was fairly and properly negotiated.

The legal issues revolved around the procedural fairness of the negotiation process, the inclusion of all mandatory terms, and the agreement's compliance with the statutory requirements. The Commission had to consider whether the union and the employer had genuinely negotiated the agreement, whether it contained all necessary terms such as minimum wages and standard conditions of employment, and whether it adhered to the procedural standards outlined in the Act.

After examining the evidence and submissions presented, the Commission found that the agreement was appropriately negotiated and contained all necessary terms. The union and the employer had engaged in genuine bargaining, and the agreement fulfilled the statutory requirements. The Commission was satisfied that the agreement was fairly and properly negotiated, and it met all the criteria for approval under the Fair Work Act. Consequently, the Commission approved the CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the relevant employees and employers until the expiration date of 31 December 2023. The approval marked the formal recognition of the terms and conditions negotiated between the union and the employer, providing a framework for the employment relationship within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established