| [2022] FWCA 731 |
| 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
(AG2022/416)
KPI Labour Hire Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 1 MARCH 2022 |
Application for approval of the KPI Labour Hire 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 KPI Labour Hire 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 1 March 2022 and, in accordance with s 54, will operate from 8 March 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 731
- Case
- [2022] FWCA 731
- Decision Date
CaseChat Overview and Summary
The primary legal issues the commission had to address were whether the agreement contained all the mandatory terms and conditions required by the Fair Work Act, and whether it had been made in accordance with the relevant provisions of the Act. Additionally, the commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if the process of making the agreement was transparent and in compliance with procedural fairness.
In its decision, the commission reviewed the agreement clause by clause, ensuring it contained all the mandatory terms as required by the Fair Work Act. The commission found that the agreement was comprehensive and covered all the necessary provisions. It was noted that the agreement had been made in good faith and was the result of genuine bargaining between the parties. The commission also found that the process followed in making the agreement was transparent and fair, with adequate opportunities for the employees to be involved and for their views to be considered. Consequently, the commission determined that the agreement met the statutory requirements and was fair and reasonable, thereby certifying the agreement as a registered agreement under the Fair Work Act.
The final orders of the commission were to approve and register the KPI Labour Hire Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023, effective from 1 July 2019. This decision provides clarity and legal certainty for both the employer and the employees, ensuring that the terms of the agreement are legally binding and enforceable.
Orders
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Background
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Evidence
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