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

[2023] FWCA 935

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

(AG2023/705)

MATT BURKE DRAINAGE AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2023

Application for approval of the Matt Burke Drainage 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 Matt Burke Drainage 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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Matt Burke Drainage and CEPU – Plumbing Division (Vic). The union sought approval for the Plumbing Enterprise Agreement 2019-2023. The union argued that the agreement should be certified as meeting the ‘better-off overall test’ as required by section 235 of the Fair Work Act 2009. The union submitted that the agreement was in the best interests of the employees covered by it.

The central issue for the commission was whether the agreement satisfied the ‘better-off overall test’. This required the commission to consider if the employees were better off overall with the agreement than they would be without it. The commission had to evaluate the benefits and detriments of the agreement to determine if it met the statutory requirement. This involved assessing the financial and non-financial benefits provided by the agreement against the detriments, including any potential loss of conditions or increase in workload.

The commission found that the agreement provided a number of benefits to the employees, including improved wages and conditions. The union argued, and the commission accepted, that the overall effect of the agreement was to make employees better off. The commission considered the increase in wages and the improvements to conditions, such as leave entitlements and working hours, to be significant benefits. While there were some detriments, such as changes to shift patterns, the commission concluded that these were outweighed by the overall benefits. Consequently, the commission certified the agreement as meeting the ‘better-off overall test’.

The commission approved the Plumbing Enterprise Agreement 2019-2023, certifying it as meeting the statutory requirements. The agreement was to be in effect from the date of the decision until it expired or was terminated under the terms of the agreement. The union and the employer were directed to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established