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

[2023] FWCA 490

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

(AG2023/236)

Industrial Projects Team Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 FEBRUARY 2023

Application for approval of the Industrial Projects Team 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 Industrial Projects Team 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 16 February 2023 and, in accordance with s 54, it will operate from 23 February 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 involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Industrial Projects Team Pty Ltd (the Employer). The Union sought approval for a new enterprise agreement between itself and the Employer, specifically the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The application was brought before the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the requirements of the Act, particularly in relation to the terms and conditions of employment, and whether the agreement was made in good faith.

The Commission considered the application and the arguments presented by both parties. It examined the terms of the agreement, including wages and conditions, to ensure they met the statutory requirements. The Union argued that the agreement was a fair and reasonable one, while the Employer contended that certain provisions were not in line with the Act. The Commission found that the agreement was largely compliant with the Act, but it made some modifications to ensure full compliance, particularly regarding the good faith requirements. The Commission determined that the agreement was fair and reasonable, and approved it with the necessary amendments.

In summary, the Fair Work Commission approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, subject to certain modifications. The Commission found that the agreement was largely compliant with the Fair Work Act 2009, but made amendments to ensure it met the requirements of the Act, particularly regarding good faith. The Union and the Employer will now be bound by the terms of the agreement, as approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established