Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2022] FWCA 995
•22 MARCH 2022
| [2022] FWCA 995 |
| 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
(AG2022/636)
Marda Dandhi Downunder Pty Ltd and CEPU – Plumbing Division (Vic) - Plumbing Enterprise Agreement 2020 – 2023
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 22 MARCH 2022 |
Application for approval of the Marda Dandhi Downunder Pty Ltd and CEPU – Plumbing Division (Vic) - Plumbing Enterprise Agreement 2020 – 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 Marda Dandhi Downunder Pty Ltd and CEPU – Plumbing Division (Vic) - Plumbing Enterprise Agreement 2020 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. Further, the Agreement was made within 21 days after the last NERR was given. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that there are minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
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 22 March 2022 and, in accordance with s 54, will operate from 29 March 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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