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

[2021] FWCA 7175

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
(AG2021/8777)

ALLPRO PLUMBING COMMERCIAL PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2021

Application for approval of the Allpro Plumbing Commercial 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 an enterprise agreement known as the Allpro Plumbing Commercial 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 17 December 2021 and, in accordance with s 54, will operate from 24 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 Fair Work Commission was presented with an application to approve the Plumbing Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Allpro Plumbing Commercial Pty Ltd and CEPU - Plumbing Division (Vic) for the period 2019 to 2023. The union sought approval for the agreement under the Fair Work Act 2009. The employer did not object to the approval of the agreement, but raised concerns about certain provisions within the agreement.

The central legal issue before the Commission was whether the agreement met the criteria for registration as a registered agreement under the Fair Work Act. This required the Commission to determine if the agreement was a "bare essentials agreement", contained only the "bare essentials" provisions, and was in the best interests of the employees. The employer did not contest the agreement's "bare essentials" status, but did argue that certain provisions were not in the best interests of the employees.

The Commission considered the arguments presented and examined the provisions in question. The Commission found that the provisions in question were fair and reasonable, and did not contravene any provisions of the Fair Work Act. The Commission was satisfied that the agreement contained only the "bare essentials" provisions and was in the best interests of the employees. Consequently, the Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the Allpro Plumbing Commercial Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 as a registered agreement under the Fair Work Act.

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