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

[2021] FWCA 7255

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
(AG2021/8874)

ESSENTIAL AIRCONDITIONING (VIC) PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Essential Airconditioning (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Essential Airconditioning (Vic) 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.

[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 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied to the Fair Work Commission for approval of the Essential Airconditioning (Vic) Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The dispute was heard in the Fair Work Commission, a tribunal in Australia responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issue before the court was whether the terms of the Enterprise Agreement were consistent with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court had to examine if the agreement met the requirements for "better off overall test" and if it contained all the mandated terms under the Fair Work Act.

In its decision, the court carefully considered the evidence and arguments presented by both parties. It found that the Enterprise Agreement did not meet the better off overall test as it did not provide employees with a sufficient increase in their total remuneration. The court also found that the agreement contained all the mandated terms under the Fair Work Act and did not breach any other provisions of the legislation. Based on these findings, the court decided not to approve the Enterprise Agreement. The court's decision was based on a detailed analysis of the evidence and a thorough understanding of the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established