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

[2022] FWCA 622

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

(AG2022/381)

Axis Plumbing QLD Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 FEBRUARY 2022

Application for approval of the Axis Plumbing QLD Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022

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 Axis Plumbing QLD Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 23 February 2022 and, in accordance with s 54, will operate from 2 March 2022. The nominal expiry date of the Agreement is 31 October 2022.

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 lodged an application for approval of the Axis Plumbing QLD Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 - 2022. The primary dispute centred around whether the proposed collective agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement against specific criteria, including its compliance with the Better Off Overall Test (BOOT) and the public interest considerations.

The legal issues the Commission needed to address included verifying whether the agreement provided employees with outcomes that were better than the applicable awards and whether the agreement would have a detrimental effect on the public interest. Additionally, the Commission needed to consider if the agreement adequately covered essential matters such as wages, hours of work, and other conditions of employment. The Commission also had to determine if the agreement included provisions that were beyond the scope of what could be validly negotiated under the Fair Work Act.

The Commission carefully reviewed the proposed agreement, scrutinising each clause to ensure compliance with the statutory requirements. It found that the agreement met the BOOT by providing employees with terms and conditions that were more favourable than those stipulated in the applicable awards. Furthermore, the Commission concluded that the agreement did not have an adverse effect on the public interest. The Commission also confirmed that the agreement covered all necessary matters and that none of its provisions were beyond the scope of valid negotiation under the Act. Ultimately, the Commission approved the collective agreement, deeming it compliant with all relevant legal standards.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established