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

[2021] FWCA 7252

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
(AG2021/8804)

TOROCORP PTY LTD T/A B&D INSULATION CONTRACTING AND CEPU PLUMBING DIVISION LAGGING UNION COLLECTIVE AGREEMENT 2021 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Torocorp Pty Ltd t/a B&D Insulation Contracting and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Torocorp Pty Ltd t/a B&D Insulation Contracting and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 22 December 2021 and, in accordance with s 54, will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Torocorp Pty Ltd, trading as B&D Insulation Contracting. The dispute centred on the terms and conditions outlined in the proposed collective agreement for the years 2021 to 2024. The court was tasked with determining whether the agreement met the necessary requirements for approval under the applicable industrial relations legislation.

The key legal issues before the court were whether the collective agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was fair and reasonable, and if it had been negotiated in good faith. The court also needed to determine whether the agreement met the criteria for approval as set out in the relevant industrial relations regulations. Furthermore, the court considered the impact of the agreement on the employees and whether it provided an appropriate balance of rights and obligations for both the union and the employer.

After reviewing the evidence and submissions from both parties, the court found that the collective agreement was fair and reasonable, and had been negotiated in good faith. The court was satisfied that the agreement met all the necessary legal requirements for approval. It was determined that the agreement provided an appropriate balance of rights and obligations for both parties, and would not have an adverse effect on the employees. The court concluded that the agreement was in the best interests of the employees and the employer, and therefore approved the application for the collective agreement.

The court ordered that the Torocorp Pty Ltd t/a B&D Insulation Contracting and CEPU Plumbing Division Lagging Union Collective Agreement 2021 - 2024 be approved and registered under the Fair Work Act 2009. This decision provided certainty for both the union and the employer, and ensured that the agreement would be binding on the parties for the specified period. The court's decision also reinforced the importance of fair and reasonable collective agreements in promoting harmonious industrial relations.

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