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

[2022] FWCA 1851

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

(AG2022/1642)

Tank Vision Pty Ltd and CEPU Plumbing Division Union Greenfields Agreement 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2022

Application for approval of the Tank Vision Pty Ltd and CEPU Plumbing Division Union Greenfields 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 Tank Vision Pty Ltd and CEPU Plumbing Division Union Greenfields 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 7 June 2022 and, in accordance with s 54, will operate from 14 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

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was brought before the Fair Work Commission by Tank Vision Pty Ltd and the CEPU Plumbing Division Union to approve the Tank Vision Pty Ltd and CEPU Plumbing Division Union Greenfields Agreement 2019 - 2022. The application centred on the terms of the proposed enterprise agreement, including wages, hours of work, and other employment conditions, between the employer and the union representing the employees. The Fair Work Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to decide included whether the proposed agreement was in accordance with the provisions of the Fair Work Act, and whether it met the requirements for an enterprise agreement, such as being free from prohibited content and being appropriately negotiated. Additionally, the Commission needed to determine if the agreement provided a safety net for employees, ensuring that it did not result in employees being worse off overall compared to the previous agreement or the relevant award.

Upon reviewing the proposed agreement, the Fair Work Commission found that the Tank Vision Pty Ltd and CEPU Plumbing Division Union Greenfields Agreement 2019 - 2022 complied with the Fair Work Act and met the necessary requirements for an enterprise agreement. The Commission confirmed that the agreement provided a safety net for employees, and it was appropriately negotiated. Consequently, the Fair Work Commission approved the proposed agreement, taking into consideration the best interests of the employees and the parties involved.

As a result of the Commission's decision, the Tank Vision Pty Ltd and CEPU Plumbing Division Union Greenfields Agreement 2019 - 2022 was approved and is now in effect. The approved agreement governs the employment conditions of the employees for the duration of the agreement, and it will be applicable until the next scheduled negotiation or until superseded by another approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established