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

[2022] FWCA 343

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

(AG2022/83)

Chancellor & Bendle Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2022

Application for approval of the Chancellor & Bendle 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 Chancellor & Bendle 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

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 4 February 2022 and, in accordance with s 54, will operate from 11 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Chancellor & Bendle Pty Ltd (the Employer). The Union sought approval of the Plumbing Enterprise Agreement 2019 - 2023 with the Employer, which was to be registered with the Fair Work Commission (the Commission). The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 and was therefore eligible for registration. The Union argued that the agreement was fair and reasonable, while the Employer contended that the agreement contained provisions that were not in compliance with the Act. Specifically, the Employer argued that certain provisions regarding pay rates and conditions were not consistent with the Act's requirements for procedural fairness and the protection of vulnerable employees.

The court considered the arguments of both parties and reviewed the provisions of the Enterprise Agreement in question. It found that the agreement did not meet the requirements of the Act as it contained provisions that were inconsistent with the protection of vulnerable employees and procedural fairness. The court held that the Union had not demonstrated that the agreement was fair and reasonable, and therefore could not be approved for registration. The application for approval was dismissed. The court did not make any orders for costs.

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