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

[2022] FWCA 2297

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

(AG2022/2204)

Air Link Systems (Australia) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2022

Application for approval of the Air Link Systems (Australia) 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 the Air Link Systems (Australia) 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 8 July 2022 and, in accordance with s 54, will operate from 15 July 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Air Link Systems (Australia) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The agreement was to be made under section 234 of the Fair Work Act 2009, and the dispute concerned whether the agreement met the requirements for registration under the Act.

The central legal issue before the Commission was whether the agreement contained all the necessary components for it to be approved and registered. Specifically, the Commission needed to determine if the agreement provided for the payment of minimum rates of pay and conditions as set out in the relevant awards, and if it included provisions that met the good faith bargaining requirements. The Commission also had to assess whether the agreement included any terms that might be considered contrary to public policy or be otherwise invalid.

In delivering its decision, the Commission found that the agreement contained all the requisite components and met the statutory requirements for registration. The agreement provided for the payment of the minimum rates of pay and conditions as stipulated in the applicable awards. The Commission was satisfied that the agreement was the product of good faith bargaining and did not contain any terms that were contrary to public policy or otherwise invalid. Consequently, the Commission approved the agreement and ordered its registration under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established