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

[2022] FWCA 1215

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

(AG2022/927)

JSP Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2022

Application for the approval of the JSP Roofing 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 an enterprise agreement known as the JSP Roofing 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 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.

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 6 April 2022 and, in accordance with s 54, will operate from 13 April 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, and JSP Roofing Pty Ltd and the CEPU - Plumbing Division (Vic), as the respondents. The matter was heard in the Fair Work Commission, a federal workplace relations tribunal in Australia. The union sought approval for the JSP Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, which was a proposed enterprise agreement between the employer and the union for the employees of JSP Roofing Pty Ltd who are members of the union.

The primary legal issue for the Commission to decide was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the bargaining of wages and other conditions of employment, whether it contained provisions that were fair and reasonable, and whether it complied with the relevant provisions of the Act. The Commission also needed to determine whether the agreement was appropriately certified as a simple, low risk or high risk agreement under the Act.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for the bargaining of wages and other conditions of employment, and contained provisions that were fair and reasonable. The Commission also found that the agreement complied with the relevant provisions of the Act, and that it was appropriately certified as a simple agreement. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. These modifications included changes to the agreement's provisions relating to termination of employment and the calculation of penalty rates.

In summary, the Fair Work Commission approved the JSP Roofing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, subject to modifications to ensure compliance with the Fair Work Act 2009. The Commission found that the agreement met the statutory requirements for approval, and that it contained provisions that were fair and reasonable. The modifications made to the agreement ensured that it complied with the Act, and that it provided for the bargaining of wages and other conditions of employment.

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