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

[2023] FWCA 274

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

(AG2022/5486)

DMAC FABRICATIONS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 27 JANUARY 2023

Application for approval of the DMAC Fabrications Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

An application has been made for approval of an enterprise agreement known as the DMAC Fabrications Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2023. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of a new enterprise agreement between DMAC Fabrications Pty Ltd and the CEPU – Plumbing Division (Vic). The agreement was set to cover the period from 2019 to 2023 and was lodged for endorsement by the Fair Work Commission. The application was heard in the Fair Work Division of the Federal Circuit Court of Australia.

The legal issues central to the court's decision revolved around whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it contained all the mandatory terms and conditions as prescribed by law. The court also had to consider if the agreement had been genuinely negotiated between the employer and the union, and whether it provided for a fair and reasonable outcome for both parties.

In its reasoning, the court examined the contents of the enterprise agreement and found that it complied with all the mandatory terms and conditions stipulated in the Fair Work Act. The court further assessed the negotiation process and concluded that the agreement had indeed been genuinely negotiated between the employer and the union. Given that the agreement was fair and reasonable, the court approved the application and endorsed the enterprise agreement.

The final orders of the court were that the DMAC Fabrications Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 be approved and registered as a certified agreement under the Fair Work Act. This decision confirmed the agreement as a binding contract between the employer and the union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established