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

[2022] FWCA 1108

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

(AG2022/836)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2022

Application for the approval of the Spence Plumbing 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 Spence Plumbing 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 29 March 2022 and, in accordance with s 54, will operate from 5 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 matter before the Fair Work Commission involved an application for the approval of the Spence Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sought the approval of the agreement as a low-paid industry agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval as a low-paid industry agreement, particularly whether it contained provisions that were fair and reasonable in all respects.

The key legal issue before the Commission was whether the agreement was in accordance with the criteria set out in section 231 of the Fair Work Act, which outlines the requirements for a low-paid industry agreement. Specifically, the Commission needed to determine whether the agreement contained provisions that were fair and reasonable in all respects. The Commission also considered whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement contained provisions that were fair and reasonable in all respects. The Commission noted that the agreement provided for adequate wage increases, improved working conditions, and enhanced job security for employees. The Commission was satisfied that the agreement appropriately balanced the interests of the employees and the employer, and that it complied with the requirements of the Fair Work Act. The Commission approved the agreement as a low-paid industry agreement.

The Fair Work Commission approved the Spence Plumbing and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 as a low-paid industry agreement. The Commission's decision was based on its finding that the agreement contained provisions that were fair and reasonable in all respects, and that it appropriately balanced the interests of the employees and the employer. The Commission's approval of the agreement will provide certainty and stability to the plumbing industry in Victoria, and will ensure that employees in the industry receive fair and reasonable wages and working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established