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

[2022] FWCA 3524

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

(AG2022/4129)

Manson Plumbing (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2022 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 OCTOBER 2022

Application for approval of the Manson Plumbing (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2022 - 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 Manson Plumbing (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2022 - 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 11 October 2022 and, in accordance with s 54, will operate from 18 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 Fair Work Commission (FWC) was asked to approve the Plumbing Enterprise Agreement between Manson Plumbing (Vic) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic). The FWC received the application for approval on 21 November 2022. The union, Manson Plumbing (Vic) Pty Ltd, and the FWC were the parties involved in the dispute. The legal issues the FWC needed to decide related to the compliance of the agreement with the Fair Work Act 2009. Specifically, the FWC had to determine whether the agreement met the requirements for registration under the Act, including whether it was a genuine enterprise agreement, if it was made in good faith, and if it contained the necessary provisions.

The FWC examined the agreement and the process by which it was made. It found that the agreement was a genuine enterprise agreement and that it was made in good faith. The FWC also found that the agreement contained all the necessary provisions, including those related to minimum rates of pay, penalty rates, and maximum hours of work. The FWC considered the evidence provided by the parties and the arguments presented by the union and Manson Plumbing (Vic) Pty Ltd. The FWC was satisfied that the agreement was fair and reasonable and that it met the requirements of the Act.

The FWC approved the agreement on 23 November 2022, and it became registered on that date. The agreement is set to expire on 30 June 2023. The FWC's decision to approve the agreement provides certainty for the parties and their employees, as well as for other employers and employees in the plumbing industry in Victoria. The approval of the agreement demonstrates the FWC's commitment to facilitating good faith bargaining between employers and employees and promoting fair and reasonable workplace outcomes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established