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

[2023] FWCA 1035

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

(AG2023/874)

JENNINGS PIPING SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 APRIL 2023

Application for approval of the Jennings Piping Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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 Jennings Piping Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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.

While the application is generally in order, the notice of employee representational rights (NERR) was not in the 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.

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 11 April 2023 and, in accordance with s 54, it will operate from 18 April 2023. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant, sought approval of the Jennings Piping Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 from the Fair Work Commission. The respondent, Jennings Piping Services Pty Ltd, contested the application. The primary dispute centred on whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, including being in the best interests of the employees and providing fair and reasonable terms and conditions.

The court was tasked with determining whether the agreement complied with the statutory requirements and was beneficial to the employees. Key issues included whether the agreement contained terms that were fair and reasonable, met the “better off overall test”, and was in the best interests of the employees. Additionally, the court had to assess whether the agreement appropriately dealt with issues such as wages, hours of work, and other conditions of employment.

The Fair Work Commission assessed the agreement in light of the statutory criteria. It examined the provisions of the agreement to determine whether they met the threshold of being "fair and reasonable" under the Fair Work Act. The Commission also evaluated the evidence provided by both parties regarding the agreement's impact on the employees. Ultimately, the Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The court approved the agreement, noting that it provided fair and reasonable terms and conditions for the employees involved.

The final orders of the Commission included the approval of the Jennings Piping Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established