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

[2023] FWCA 1206

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

(AG2023/895)

AXIS PLUMBING CENTRAL COAST PTY LTD & CEPU PLUMBING DIVISION NSW BRANCH REGIONAL PLUMBING ENTERPRISE AGREEMENT 2021-2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 APRIL 2023

Application for approval of the Axis Plumbing Central Coast Pty Ltd & CEPU Plumbing Division NSW Branch Regional Plumbing Enterprise 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 Axis Plumbing Central Coast Pty Ltd & CEPU Plumbing Division NSW Branch Regional Plumbing Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, a copy of the notice of employee representational rights (NERR) provided to all employees was not in its prescribed form. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

The employer, Axis Plumbing Central Coast Pty Ltd, has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and 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, 188 and 190 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 27 April 2023 and, in accordance with s 54, it will operate from 4 May 2023. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU Plumbing Division NSW Branch, and Axis Plumbing Central Coast Pty Ltd. The matter was before the Fair Work Commission, which was asked to approve the Regional Plumbing Enterprise Agreement 2021-2024 between the union and the employer. The union sought approval for the agreement, while the employer did not object to the agreement being approved. The central issue for the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, whether it met the “better off overall test”, and whether it was made in good faith.

The Commission noted that the agreement had been negotiated in good faith and contained provisions that met the requirements of the Act. The agreement included provisions for minimum rates of pay and conditions for employees, as well as provisions for dispute resolution and the protection of employees' rights. The Commission found that the agreement provided for a fair and efficient workplace and met the “better off overall test”. The Commission also noted that the employer had not objected to the agreement being approved, which was a relevant factor in determining whether the agreement had been made in good faith.

In light of the above, the Commission approved the Regional Plumbing Enterprise Agreement 2021-2024 between the union and the employer. The Commission found that the agreement met all the requirements for approval under the Fair Work Act 2009. The agreement will now apply to employees of Axis Plumbing Central Coast Pty Ltd who are members of the CEPU Plumbing Division NSW Branch. The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009.

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