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

[2022] FWCA 2887

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

(AG2022/3429)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 AUGUST 2022

Application for approval of the AJL 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 AJL 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 23 August 2022 and, in accordance with s 54, will operate from 30 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU - Plumbing Division (Vic), and AJL Pty Ltd, a company operating in the plumbing industry. The union sought approval of an enterprise agreement between the union and the employer, covering the period from 2019 to 2023. The application for approval was brought before the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the union needed to demonstrate that the agreement had been made in good faith and that it contained the minimum terms and conditions required by law. The employer, on the other hand, raised concerns about certain clauses in the agreement, arguing they were unfair or did not meet the statutory minimum standards.

The court examined the provisions of the Fair Work Act and relevant case law to determine if the agreement met the necessary criteria. The union provided evidence that the agreement had been negotiated in good faith and that it contained all the minimum terms and conditions required by law. The court found that the agreement was fair and met the statutory requirements. The employer's objections were largely addressed through the court's interpretation of the agreement, and the court was satisfied that the agreement was in compliance with the law.

The Fair Work Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act. The agreement was deemed to be fair and to contain all the required minimum terms and conditions. The decision was based on the evidence presented by the union and the court's interpretation of the relevant provisions of the law. The approval of the agreement allows it to be registered and enforced, ensuring that the terms and conditions of employment for the employees covered by the agreement are legally binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established