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

[2023] FWCA 418

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

(AG2023/176)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2023

Application for approval of the Meyland Drainage 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 Meyland Drainage 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 10 February 2023 and, in accordance with s 54, it will operate from 17 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

In the matter of the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Plumbing Enterprise Agreement 2019-2023 between Meyland Drainage Pty Ltd and the CEPU – Plumbing Division (Vic). The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which needed to meet the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the agreement was fair and appropriate for the employees covered by it.

The primary legal issues before the Commission involved determining if the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable. This included assessing whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations, specifically regarding the notice periods, penalty rates, and other working conditions. The Commission also needed to consider whether the agreement met the requirements for a single-enterprise agreement and whether it contained any unfair provisions that could potentially be struck out.

The Fair Work Commission found that the agreement was fair and appropriate for the employees, meeting the necessary criteria for approval. The Commission confirmed that the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable. The Commission noted that the agreement was comprehensive, covering a wide range of terms and conditions, including pay rates, penalty rates, hours of work, and leave entitlements. The Commission also determined that the agreement did not contain any unfair provisions that would warrant striking out any part of the agreement. The Commission was satisfied that the agreement was a genuine enterprise agreement, negotiated in good faith, and met the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2019-2023 between Meyland Drainage Pty Ltd and the CEPU – Plumbing Division (Vic). The agreement was registered with the Fair Work Commission and would come into effect on 1 January 2020. The approval of the agreement meant that it would be legally binding on both parties, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established