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

[2022] FWCA 4231

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

(AG2022/4919)

E & S Mechanical & Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 DECEMBER 2022

Application for approval of the E & S Mechanical & Plumbing 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 E & S Mechanical & Plumbing 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 1 December 2022 and, in accordance with s 54, will operate from 8 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 court involved an application for the approval of the E & S Mechanical & Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The application was brought by the employer, E & S Mechanical & Plumbing Services Pty Ltd, and the union, CEPU - Plumbing Division (Vic), seeking formal endorsement of the enterprise agreement. The court was required to determine whether the agreement complied with relevant industrial legislation and whether it had been fairly and properly negotiated.

The central legal issues for the court were whether the enterprise agreement satisfied the requirements of the Fair Work Act 2009, specifically focusing on the agreement's fairness and the process through which it was negotiated. The court had to consider whether the agreement met the criteria for registration, including the provision of adequate protections and entitlements for employees, and whether the negotiation process was free from any undue influence or coercion.

The court found that the enterprise agreement complied with the legislative requirements for registration. It was determined that the agreement provided fair and reasonable terms for employees and that the negotiation process was conducted in good faith without any undue influence. The court was satisfied that all necessary protections and entitlements were adequately addressed within the agreement. Consequently, the court approved the enterprise agreement, and it was registered accordingly.

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