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

[2022] FWCA 3471

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

(AG2022/4116)

Harcourt Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 OCTOBER 2022

Application for approval of the Harcourt 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 Harcourt 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 7 October 2022 and, in accordance with s 54, will operate from 14 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

In the matter of an application for approval of the Harcourt Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, the Fair Work Commission was tasked with determining whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The union, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the agreement which was negotiated with Harcourt Plumbing Services Pty Ltd.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory obligations under the Fair Work Act, including provisions related to minimum entitlements, procedural fairness in the negotiation process, and the coverage of the agreement. The Commission also needed to assess if the agreement satisfied the "better off overall test," ensuring that employees would not be worse off financially by being party to the agreement.

The Commission found that the agreement met the necessary criteria under the Fair Work Act. It confirmed that the agreement provided for minimum entitlements that aligned with the relevant industrial instruments and did not disadvantage employees. The negotiation process was deemed to be procedurally fair, with the union and employer engaging in good faith discussions. Furthermore, the Commission was satisfied that the agreement passed the "better off overall test," indicating that employees would not be worse off as a result of the agreement. Consequently, the Fair Work Commission approved the Harcourt Plumbing Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

The Fair Work Commission's decision was finalised with an order approving the enterprise agreement, effective from the date of the decision. This approval ensures that the agreement is legally binding and enforceable between the union and the employer, governing the terms and conditions of employment 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