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

[2023] FWCA 827

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

(AG2023/577)

CONDITIONAIRE MANUFACTURING PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2023

Application for approval of the Conditionaire Manufacturing 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 Conditionaire Manufacturing 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 17 March 2023 and, in accordance with s 54, it will operate from 24 March 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 case involved an application for approval of the Conditionaire Manufacturing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant, CEPU, sought approval from the Fair Work Commission under the Fair Work Act 2009. The application was brought before the Commission by a delegate, in this instance, Mr B.J. Scott, a registered Registrar of the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the mandatory terms as set out in section 233 of the Act, and whether it satisfied the good faith bargaining test under section 230. Additionally, the court considered whether the agreement was in the best interests of the employees and if it was free from any unlawful provisions.

The court determined that the agreement did indeed meet all the necessary criteria. It contained all the mandatory terms and was the product of good faith bargaining. The court found that the agreement was beneficial to the employees and did not include any unlawful provisions. Consequently, the court approved the agreement, ensuring that it would be registered and enforceable under the Fair Work Act.

The court's final orders were that the Conditionaire Manufacturing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved and registered as a registered agreement under section 181 of the Fair Work Act 2009. The agreement was to be published on the Commission's website, and the Registrar was directed to take all necessary steps to ensure its registration.

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