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

[2022] FWCA 2031

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

(AG2022/1885)

Clifford Wilson Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2022

Application for approval of the Clifford Wilson Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 – 2022

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 Clifford Wilson Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 – 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 21 June 2022 and, in accordance with s 54, will operate from 28 June 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Clifford Wilson Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 – 2022. The applicant union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose out of disagreements between the union and the employer regarding the terms of the agreement, particularly those related to employee entitlements and working conditions.

The primary legal issue before the Commission was whether the agreement contained provisions that were contrary to the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the requirements of section 233 of the Act, which sets out the criteria for an agreement to be approved and registered. The Commission also had to consider whether the agreement provided for the fair treatment of employees and whether it contained any provisions that were unfair or unreasonable.

In delivering its decision, the Commission found that the agreement did not contain any provisions that were contrary to the Fair Work Act. The Commission noted that the agreement provided for the fair treatment of employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement contained no unfair or unreasonable provisions. Accordingly, the Commission approved the agreement and ordered that it be registered as a registered agreement under the Fair Work Act. The employer and the union were directed to take all necessary steps to give effect to the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established