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

[2022] FWCA 3559

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

(AG2022/4170)

SAAP Air and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2022

Application for approval of the SAAP Air 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 SAAP Air 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 13 October 2022 and, in accordance with s 54, will operate from 20 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 the SAAP Air and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's approval of the enterprise agreement as a single, harmonious and integrated whole, despite the objections raised by some employers and employees. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees and employers.

The legal issues at the heart of the dispute centred on the compliance of the enterprise agreement with the statutory requirements under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it was in the best interests of the employees and employers. The applicant argued that the agreement was the product of genuine collective bargaining and was in the best interests of the parties, while the objectors contended that certain provisions were unfair or unreasonable.

The Commission undertook a detailed analysis of the enterprise agreement, examining each clause to ensure compliance with the statutory requirements. The Commission found that the agreement was the result of genuine collective bargaining and that it was in the best interests of the employees and employers. The Commission also found that the agreement was free from any improper influence or coercion and that it complied with the statutory requirements of the Fair Work Act. The Commission approved the enterprise agreement as a single, harmonious and integrated whole.

The Fair Work Commission approved the SAAP Air and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 as a single, harmonious and integrated whole, finding that it complied with the statutory requirements of the Fair Work Act and was in the best interests of the employees and employers. The Commission rejected the objections raised by some employers and employees and found that the agreement was the product of genuine collective bargaining. The approval of the enterprise agreement ensures that the parties will be governed by the terms and conditions set out in the agreement for the duration of its operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established