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

[2022] FWCA 4578

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

(AG2022/5278)

PAD Contracting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2022

Application for approval of the PAD Contracting 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 PAD Contracting 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 s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 23 December 2022 and, in accordance with s 54, it will operate from 30 December 2022. 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 matter before the Fair Work Commission involved an application for approval of the Plumbing Enterprise Agreement between PAD Contracting Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2019 to 2023. The Union, representing the employees, sought the Commission's approval of the agreement under the Fair Work Act 2009. The employer argued that the agreement was fair and reasonable for the employees and complied with the relevant statutory provisions.

The primary legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act, including whether it provided for a safety net of minimum entitlements, allowed for genuine individual employment relationships, and did not undermine the protection of employees' rights. The Commission also considered whether the agreement was appropriately negotiated and if it provided for fair and reasonable terms and conditions of employment.

In determining the application, the Commission noted the extensive consultation and negotiation process undertaken by the parties. The Commission found that the agreement provided for a safety net of minimum entitlements and allowed for genuine individual employment relationships. It was also concluded that the agreement did not undermine the protection of employees' rights and was appropriately negotiated. The Commission approved the agreement, noting that it provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Plumbing Enterprise Agreement between PAD Contracting Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2019 to 2023. The Commission found that the agreement met the requirements for registration under the Fair Work Act and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established