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

[2022] FWCA 3089

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

(AG2022/3652)

Australian Height Safety Services and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 SEPTEMBER 2022

Application for approval of the Australian Height Safety Services 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 Australian Height Safety Services 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 6 September 2022 and, in accordance with s 54, will operate from 13 September 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 Australian Industrial Relations Commission involved an application for the approval of the Australian Height Safety Services and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The applicants, the union and the employer, sought approval of the agreement which was negotiated and entered into in accordance with the relevant provisions of the Fair Work Act 2009. The primary concern of the application was to ensure that the agreement met all statutory requirements and provided fair terms and conditions for the employees.

The legal issues central to the court's decision centred on whether the agreement complied with the mandatory provisions of the Fair Work Act 2009, including those relating to minimum entitlements, workplace rights, and procedural fairness. The court was required to determine if the agreement provided adequate protection for employees' rights, and if it was consistent with the overarching principles of the Fair Work Act.

The court, in its decision, examined the provisions of the agreement in detail and found that it met all the statutory requirements under the Fair Work Act. The agreement included provisions that addressed minimum wage rates, leave entitlements, and dispute resolution mechanisms, all of which aligned with the legislative standards. The court was satisfied that the agreement provided fair and reasonable terms for the employees, and that it did not undermine any of the protections afforded by the Act. Consequently, the court approved the agreement, confirming its compliance with the necessary legal standards and its suitability for implementation in the workplace.

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