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

[2022] FWCA 3612

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

(AG2022/4272)

Martis Laggers Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 OCTOBER 2022

Application for approval of the Martis Laggers 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 Martis Laggers 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 17 October 2022 and, in accordance with s 54, will operate from 24 October 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 the approval of an enterprise agreement between Martis Laggers Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia's Plumbing Division in Victoria. The agreement, titled the CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, was submitted for endorsement and was subject to scrutiny to ensure compliance with the Fair Work Act 2009.

The central legal issues revolved around whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act. Specifically, the court examined if the agreement fairly represented the interests of the employees, complied with the "better off overall test," and adhered to the "no-disadvantage test." It was also necessary to determine if the agreement met the requirements for a simplified procedure and if any of the terms contravened the provisions of the Act.

The Fair Work Commission, after reviewing the agreement, found that it was compliant with the Act. The Commission confirmed that the agreement satisfied the better off overall test and did not disadvantage employees compared to their previous conditions. The Commission also noted that the agreement met the criteria for a simplified procedure and did not contain any provisions that contravened the Act. Consequently, the application for approval was successful, and the agreement was endorsed as a registered agreement.

As a result of the endorsement, the CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 became a legally binding document between Martis Laggers Pty Ltd and the union, effective from the date of approval. The agreement will govern the employment conditions of the relevant employees for the specified period.

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