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

[2021] FWCA 7005

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
(AG2021/8535)

ROBERTSON PLUMBING & GAS PTY LTD TRADING AS ROBERTSON CIVIL SERVICES AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 DECEMBER 2021

Application for approval of the Robertson Plumbing & Gas Pty Ltd Trading as Robertson Civil Services and CEPU - Plumbing Division Victorian Branch 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 Robertson Plumbing & Gas Pty Ltd Trading as Robertson Civil Services and CEPU - Plumbing Division Victorian Branch 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] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, and 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, 188 and 190 as are relevant to this application for approval has been met.

[4] 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.

[5] The Agreement was approved on 7 December 2021 and, in accordance with s 54, will operate from 14 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Robertson Plumbing & Gas Pty Ltd Trading as Robertson Civil Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019-2023 was heard in the Fair Work Commission. The union and employer sought to have the enterprise agreement approved. The agreement in question was negotiated to govern the employment conditions of employees in the plumbing industry, specifically those employed by Robertson Civil Services and the union representing these employees. The union argued that the agreement was fair and reasonable, while the employer maintained that the agreement was necessary for the efficient operation of the business.

The legal issues before the Commission centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement had been fairly negotiated and whether it contained the appropriate provisions to ensure a fair and reasonable outcome for all parties involved. Additionally, the Commission considered whether the agreement complied with the relevant industrial laws and whether it adhered to the principles of good faith bargaining.

In its decision, the Commission examined the negotiation process and found that the agreement had been fairly negotiated between the parties. The Commission also considered the content of the agreement, including its provisions on wages, working conditions, and dispute resolution. The Commission found that the agreement contained appropriate provisions that ensured a fair and reasonable outcome for all parties involved. Furthermore, the Commission determined that the agreement complied with the relevant industrial laws and adhered to the principles of good faith bargaining.

The Fair Work Commission approved the Robertson Plumbing & Gas Pty Ltd Trading as Robertson Civil Services and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019-2023, finding it to be fair and reasonable. The Commission's decision was based on its determination that the agreement had been fairly negotiated, contained appropriate provisions, complied with relevant industrial laws, and adhered to the principles of good faith bargaining. The approval of the agreement will govern the employment conditions of employees in the plumbing industry employed by Robertson Civil Services and represented by the union 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