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

[2023] FWCA 755

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

(AG2023/478)

Prefab Solutions Pty Ltd and CEPU – Plumbing Division (Vic) PlumBing Enterprise Agreement 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MARCH 2023

Application for approval of the Prefab 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 Prefab 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 9 March 2023 and, in accordance with s 54, it will operate from 16 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Prefab Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The matter was heard in the Fair Work Commission, with the Union arguing that the agreement should be approved, while Prefab Solutions Pty Ltd expressed opposition to the approval.

The central legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with procedural requirements. The dispute also touched upon whether the agreement contained terms that were contrary to public policy.

The Fair Work Commission found that the agreement did indeed provide for fair and reasonable terms and conditions, and was compliant with all procedural requirements. The court noted that the agreement had been negotiated in good faith and was not contrary to public policy. The Commission emphasised that it had the discretion to approve the agreement if it was satisfied that the bargaining process was fair and reasonable, and that the terms and conditions of the agreement were fair and reasonable. The court concluded that the Union had met its burden of demonstrating that the agreement met these criteria.

Accordingly, the Fair Work Commission approved the Prefab Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The court ordered that the agreement be registered and would have effect from the date of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established