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

[2022] FWCA 462

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

(AG2022/246)

Transplumb Group Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Transplumb Group 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 Transplumb Group 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 11 February 2022 and, in accordance with s 54, will operate from 18 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 matter under consideration was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Transplumb Group Pty Ltd and CEPU - Plumbing Division (Vic), for the approval of the Plumbing Enterprise Agreement 2019 - 2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requisite standards under the Fair Work Act 2009. The union and the employer jointly sought the commission's endorsement of the agreement, which outlined the terms and conditions of employment for the union's members within the company.

The primary legal issue before the commission was whether the agreement adhered to the provisions of the Fair Work Act and the Fair Work Regulations, particularly sections 228 and 230. These sections require that an enterprise agreement must be in writing, include certain minimum terms, and be free from any provisions that are contrary to public policy or that undermine the safety and welfare of employees. The commission had to assess the agreement against these criteria to ascertain its validity. Additionally, the commission needed to ensure that the agreement had been fairly negotiated and that the union had genuinely represented the interests of its members in the bargaining process.

After careful examination, the Fair Work Commission determined that the agreement met all the necessary legal requirements. The commission found that the agreement contained all the mandated minimum terms, was free from any provisions that would be considered contrary to public policy, and did not undermine the safety or welfare of employees. Furthermore, the commission was satisfied that the agreement had been fairly negotiated and that the union had genuinely represented the interests of its members. As such, the commission approved the agreement, acknowledging its compliance with the statutory framework. The approval of the agreement ensures that the terms and conditions outlined within it will govern the employment relationship between the union, the employer, and the employees for the duration of the agreement.

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