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

[2022] FWCA 1877

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

(AG2022/1768)

Hydrofloor and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JUNE 2022

Application for approval of the Hydrofloor 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 Hydrofloor 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.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

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 June 2022 and, in accordance with s 54, will operate from 15 June 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 Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Hydrofloor and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 approved as a registered agreement. The application was brought pursuant to the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for registration and if it was in the interests of employees and employers.

The primary legal issues addressed by the Commission included whether the agreement had been genuinely negotiated between the parties, whether it provided for a direct and effective mechanism for dispute resolution, and whether it satisfied the procedural fairness requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement was in the interests of employees and employers and if it adhered to the Better Off Overall Test (BOOT).

In its decision, the Fair Work Commission found that the agreement had been genuinely negotiated between the parties and contained provisions for dispute resolution that met the statutory requirements. The Commission also found that the agreement was procedurally fair and provided for mechanisms that were accessible and understandable to the parties. Furthermore, the Commission determined that the agreement was in the interests of employees and employers as it met the BOOT. Given these findings, the Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

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