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

[2022] FWCA 746

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

(AG2022/533)

Melbourne Commercial Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MARCH 2022

Application for approval of the Melbourne Commercial Plumbing 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 Melbourne Commercial Plumbing 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 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 2 March 2022 and, in accordance with s 54, will operate from 9 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 recent decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with determining the application for the approval of the Melbourne Commercial Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute arose as the parties involved sought to formalise their employment terms and conditions within the specified period. The Commission was required to assess whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of ensuring that the agreement provides for fair and reasonable terms and conditions. The Commission needed to consider whether the agreement appropriately balanced the interests of both employers and employees, and whether it adhered to the procedural requirements for making an enterprise agreement. Additionally, the Commission examined if the agreement contained necessary provisions concerning minimum wages, penalty rates, and other essential employment terms.

In its reasoning, the Commission reviewed the provisions of the agreement and found that it met the statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, taking into account the interests of both parties. The Commission noted that the agreement contained provisions for minimum wages and penalty rates, as well as other employment terms that were fair and reasonable. The procedural requirements for the making of the agreement were also found to have been met. Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

The Fair Work Commission approved the Melbourne Commercial Plumbing Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023, effective from 1 April 2019. The Commission's decision was based on the finding that the agreement met the necessary legal criteria for approval under the Fair Work Act, including the provision for fair and reasonable terms and conditions, and adherence to the procedural requirements for making an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established