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

[2023] FWCA 796

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

(AG2023/541)

Richstone Victoria 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 Richstone Victoria 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 Richstone Victoria 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 Fair Work Commission, presided over by Deputy President D. C. Wilson, considered an application for the approval of the Richstone Victoria Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The application was made by the CEPU – Plumbing Division (Vic) in accordance with section 231 of the Fair Work Act 2009. The agreement sought approval as a low paid enterprise agreement under section 178A of the Act.

The central legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement met the requirements of the Fair Work Act, including whether it was a low paid enterprise agreement, and if it was made in good faith and met the other necessary criteria for approval. This involved assessing the bargaining process, the contents of the agreement, and whether it provided fair and reasonable terms for employees and did not unfairly disadvantage employers.

The Commission determined that the application for approval was made in good faith, and the agreement was made in accordance with the requirements of the Fair Work Act. The agreement was considered to provide fair and reasonable terms for employees and did not unfairly disadvantage employers. The Commission also found that the agreement met the criteria for approval as a low paid enterprise agreement, as it provided for a fair and reasonable minimum rate of pay for employees. The Commission approved the agreement as a low paid enterprise agreement under section 178A of the Fair Work Act.

The Fair Work Commission approved the Richstone Victoria Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023 as a low paid enterprise agreement. The decision was made on 13 September 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established