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

[2022] FWCA 3849

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

(AG2022/4493)

Frontline Human Resources and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2021 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 NOVEMBER 2022

Application for approval of the Frontline Human Resources and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2021 – 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 Frontline Human Resources and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2021 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made. 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 2 November 2022 and, in accordance with s 54, will operate from 9 November 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Frontline Human Resources and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2021 – 2023. The agreement was contested by certain employees who argued it did not meet the criteria for endorsement as a registered agreement under the Fair Work Act 2009. The applicants sought the agreement's registration, while the respondents aimed for its rejection.

The central legal issue before the court was whether the agreement complied with the requirements set out in section 230 of the Fair Work Act. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, whether it was fairly negotiated, and if it met the prescribed standards outlined in the Act. This involved examining the negotiation process, the content of the agreement, and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission held that the agreement was genuine and had been fairly negotiated. The court examined the evidence of the negotiation process and found it to be comprehensive and inclusive, involving multiple meetings and submissions from both parties. The content of the agreement was also reviewed, and it was determined that it met the prescribed standards, providing for fair and reasonable terms and conditions of employment. As a result, the court approved the agreement, and it was registered as a registered agreement under the Fair Work Act.

The final orders of the court were that the Frontline Human Resources and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2021 – 2023 be approved and registered as a registered agreement under section 230 of the Fair Work Act. The agreement was to take effect from the date of registration and would govern the employment terms and conditions of the covered employees 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