| [2022] FWCA 2886 |
| 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
(AG2022/3425)
Wilson Air-Conditioning & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2023 - 2027
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 23 AUGUST 2022 |
Application for approval of the Wilson Air-Conditioning & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2023 - 2027
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Wilson Air-Conditioning & Electrical Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2023 - 2027 (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
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 2886
- Case
- [2022] FWCA 2886
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act 2009 for enterprise agreements to be approved. Specifically, the Commission had to determine if the agreement satisfied the 'better off overall test' (BOOT) and did not contain any provisions that would be contrary to public policy. The Commission also needed to assess whether the agreement had been made in good faith and whether the necessary procedural requirements had been complied with.
In delivering its decision, the Commission carefully examined the provisions of the agreement, including its provisions on wages, hours of work, and other employment conditions. The Commission found that the agreement was likely to be better off overall for the employees, as it provided for wage increases and other benefits that outweighed any disadvantages. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy or had been made in bad faith. Furthermore, the Commission was satisfied that the necessary procedural requirements had been met, including the requirement for the agreement to be voted on by the employees. Based on these findings, the Commission approved the agreement.
The Commission's decision was finalised with specific orders approving the Plumbing Enterprise Agreement between Wilson Air-Conditioning & Electrical Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2023-2027. The agreement was approved as a registered agreement under the Fair Work Act 2009, and will now form the basis of the terms and conditions of employment for the employees covered by the agreement.
Orders
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Background
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Evidence
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Decision
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