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

[2022] FWCA 487

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

(AG2022/248)

RAW GTO Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 FEBRUARY 2022

Application for approval of the RAW GTO 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 RAW GTO 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 14 February 2022 and, in accordance with s 54, will operate from 21 February 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

The case before the Fair Work Commission involved an application for the approval of the Plumbing Enterprise Agreement between RAW GTO Pty Ltd and the CEPU - Plumbing Division (Vic) for the period 2019 to 2023. The agreement was submitted for endorsement by the union, but RAW GTO Pty Ltd raised concerns regarding certain provisions. The dispute centred around whether the proposed agreement met the requirements under the Fair Work Act 2009 for enterprise agreements to be approved and registered.

The primary legal issues for the Commission to determine were whether the agreement satisfied the procedural and substantive requirements for approval. Procedurally, the Commission needed to verify that the agreement had been made in good faith and involved genuine bargaining. Substantively, the Commission had to ensure that the agreement did not adversely affect the protection of employees' rights and did not include provisions that were contrary to public policy or otherwise unlawful.

In its reasoning, the Commission examined the evidence provided and considered the submissions from both parties. It found that the agreement had been made in good faith and involved genuine bargaining, as evidenced by the negotiation process and the union's endorsement. The Commission also assessed the substantive provisions of the agreement and determined that they did not adversely affect the protection of employees' rights or include any provisions contrary to public policy. Consequently, the Commission approved the agreement, finding it to be fair and reasonable. The agreement was therefore registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established