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

[2023] FWCA 793

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

(AG2023/537)

Ryder Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MARCH 2023

Application for approval of the Ryder Plumbing 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 Ryder Plumbing 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 14 March 2023 and, in accordance with s 54, it will operate from 21 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to the Fair Work Commission for approval of a new enterprise agreement with Ryder Plumbing Pty Ltd. This agreement covered the period from 2019 to 2023. The dispute centred on whether the agreement met the necessary legal standards for approval, including provisions related to employee rights, wages, and working conditions.

The primary legal issues before the court were whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. Key points of contention included the adequacy of the agreement's provisions on employee classification, wage rates, and dispute resolution mechanisms. The court also needed to assess whether the agreement had been fairly negotiated and if it provided a safety net for employees' conditions.

In considering these issues, the court examined the negotiation process and the contents of the agreement. It found that the agreement had been fairly negotiated and contained provisions that met the legal requirements for approval. The court was satisfied that the agreement provided a safety net for employees' conditions, ensuring they were not worse off than what was provided under the applicable award or the general industrial law. The court approved the agreement, noting its comprehensive approach to employee rights and workplace conditions.

The final orders of the court were to approve the Ryder Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023, recognising it as a valid and legally enforceable agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established