| [2022] FWCA 3037 |
| 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
(AG2022/3608)
Salter Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 1 SEPTEMBER 2022 |
Application for approval of the Salter Commercial 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 Salter Commercial 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 1 September 2022 and, in accordance with s 54, will operate from 8 September 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 3037
- Case
- [2022] FWCA 3037
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions for employees, and whether the process of forming the agreement was compliant with the relevant legislative requirements. This included ensuring that the agreement was made without the influence of any undue coercion, and that the bargaining process was conducted in good faith. The Commission also considered whether the agreement met the criteria for being a single, indivisible bargain, and whether it contained all the necessary prescribed minimum terms and conditions.
The Fair Work Commission found that the application for approval was well-founded. The Commission was satisfied that the agreement was a single, indivisible bargain and that the process by which it was formed was fair and conducted in good faith. It was determined that the terms and conditions contained within the agreement were fair and reasonable, and that the agreement contained all the prescribed minimum terms and conditions. The Commission concluded that the agreement met the statutory requirements for approval and granted the application.
The final orders of the Commission included the approval of the Salter Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023, which will now apply to the relevant employees for the duration of the agreement. The decision of the Fair Work Commission provides clarity and guidance for employers and employees in the plumbing industry, and sets a precedent for future enterprise agreements in the sector.
Orders
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Background
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Evidence
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