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

[2022] FWCA 845

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

(AG2022/505)

Commercial Pool Systems (Construction) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MARCH 2022

Application for approval of the Commercial Pool Systems (Construction) 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 the Commercial Pool Systems (Construction) 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 10 March 2022 and, in accordance with s 54, will operate from 17 March 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the approval of the Commercial Pool Systems (Construction) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The application was made pursuant to section 234 of the Fair Work Act 2009, seeking the Commission’s determination that the agreement be approved as a registered agreement. The applicant argued that the agreement met the requirements of the Act, including that it provided for fair and reasonable terms and conditions of employment and that it was made in accordance with the relevant provisions of the Act.

The central legal issues before the Commission were whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The Commission considered whether the agreement complied with the procedural requirements set out in the Act and whether it contained any terms that were unfair or unreasonable. The Commission also considered whether the agreement provided for adequate protections for employees, including provisions for minimum rates of pay, overtime rates, leave entitlements, and other benefits.

After considering the evidence and submissions from both parties, the Commission determined that the agreement met the requirements of the Act and should be approved as a registered agreement. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained provisions for minimum rates of pay, overtime rates, and leave entitlements that were consistent with industry standards and provided adequate protections for employees. The Commission also found that the agreement complied with the procedural requirements set out in the Act, including that it was made after genuine bargaining between the parties.

The Commission approved the agreement as a registered agreement, effective from the date of the decision. The agreement will now be registered with the Commission and will apply to all employees covered by the agreement. The parties are bound by the terms of the agreement, and any disputes arising out of or in connection with the agreement may be referred to the Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established