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

[2022] FWCA 2900

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

(AG2022/3440)

Diversaplumb Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2022

Application for approval of the Diversaplumb 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 Diversaplumb 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 24 August 2022 and, in accordance with s 54, will operate from 31 August 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 court involved an application for approval of the Diversaplumb Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant, CEPU, sought the court's approval of the enterprise agreement, which was the subject of a dispute between the union and the employer regarding certain terms and conditions of employment.

The primary legal issues the court was required to decide were whether the enterprise agreement complied with the relevant statutory provisions, and if the agreement was made in good faith and in accordance with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "simple, single-enterprise agreement" and whether the necessary procedural steps were followed during the bargaining process.

The court examined the evidence presented by both parties and found that the enterprise agreement was made in good faith and followed the necessary procedural requirements. The court was satisfied that the agreement met the criteria for being a "simple, single-enterprise agreement" and did not contain any provisions that were contrary to public policy or contravened any provisions of the Fair Work Act. Consequently, the court approved the enterprise agreement, thereby resolving the dispute between the parties.

The court's final orders included the approval of the Diversaplumb Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, which was to be registered and enforceable as a valid enterprise agreement under the Fair Work Act. The court also ordered that the agreement would come into effect on the date of the approval and would remain in force until the end of the agreed term or until it was replaced by a new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established