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

[2022] FWCA 4294

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

(AG2022/5004)

Ecoplumb Contracting Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 DECEMBER 2022

Application for approval of the Ecoplumb Contracting Services 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 the Ecoplumb Contracting Services 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 8 December 2022 and, in accordance with s 54, will operate from 15 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Ecoplumb Contracting Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute centred on the terms of the proposed enterprise agreement, specifically addressing wages, working conditions, and other employment-related matters for the employees of Ecoplumb Contracting Services Pty Ltd. The Union argued that the agreement was fair and reasonable, while Ecoplumb Contracting Services Pty Ltd contended that certain provisions were overly restrictive and not in line with the company's operational needs.

The legal issues before the Court were primarily whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for being "better off overall" for the employees, whether it contained provisions that were contrary to public policy, and if it adhered to the procedural requirements set out in the legislation. The Court also had to assess if the agreement provided adequate protections for employees and balanced the interests of both parties.

After considering the submissions and evidence from both the Union and the employer, the Commission found that the proposed enterprise agreement was fair and reasonable. It concluded that the agreement provided a fair and balanced outcome for the employees and did not contain any provisions that were contrary to public policy. The Court noted that the agreement addressed the key issues of wages, working conditions, and other employment-related matters in a manner that was satisfactory to both parties. The Commission approved the agreement, finding that it met the legislative requirements and provided adequate protections for the employees.

The final orders of the Court were to approve the Ecoplumb Contracting Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from 1st July 2019. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees of Ecoplumb Contracting Services Pty Ltd for the period of 2019 to 2023.

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