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

[2023] FWCA 937

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

(AG2023/710)

KTB ROOFING SOLUTIONS PTY LTD AND CEPU–PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2023

Application for approval of the KTB Roofing 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 KTB Roofing 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 29 March 2023 and, in accordance with s 54, it will operate from 5 April 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 application for approval of the KTB Roofing Solutions Pty Ltd and CEPU–Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023 was heard by the Fair Work Commission. The dispute involved the union's request for the agreement to be registered and made legally binding on the employer and employees. The union sought to ensure that the terms of the agreement would apply to all employees covered by it, providing certainty and protection in their employment conditions.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it had been made in good faith. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain provisions. The Commission had to determine whether the agreement met the necessary criteria for approval and if it had been negotiated in good faith.

The Fair Work Commission found that the agreement complied with the statutory requirements and was made in good faith. The Commission examined the process by which the agreement was negotiated and considered the fairness of its terms. It found that the agreement provided for fair and reasonable terms and conditions of employment and that it had been negotiated in a manner consistent with the principles of good faith bargaining. As a result, the Commission approved the agreement, making it a legally binding enterprise agreement between the employer and the employees.

The Fair Work Commission's final orders included the approval of the KTB Roofing Solutions Pty Ltd and CEPU–Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The agreement was to be registered and made binding on the employer and employees, effective from the date of the decision. This decision provided certainty and protection to the employees covered by the agreement, ensuring that their employment conditions were governed by the terms set out in the approved enterprise agreement.

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