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

[2021] FWCA 6972

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
(AG2021/8537)

VICTORIAN NATIONAL POOL & LANDSCAPE SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 DECEMBER 2021

Application for approval of the Victorian National Pool & Landscape Solutions 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 Victorian National Pool & Landscape Solutions 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] While the application is generally in order, a copy of the notice of employee representational rights (NERR) was not provided to all employees within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[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 3 December 2021 and, in accordance with s 54, will operate from 10 December 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Plumbing Enterprise Agreement between the Victorian National Pool & Landscape Solutions Pty Ltd and the CEPU - Plumbing Division (Vic). The matter was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to the bargaining process and the content of the agreement itself. Specifically, the Commission had to consider whether the agreement was fairly negotiated, free from coercion, and whether it met the criteria for being a single, indivisible agreement as required by the Act.

The Commission examined the evidence presented regarding the negotiation process, including witness testimonies and documentary evidence. It found that the agreement had been fairly negotiated and that there was no evidence of any coercion or improper influence. The Commission also determined that the agreement met the criteria for being a single, indivisible agreement, as it covered all aspects of the employment relationship within the scope of the bargaining. Given these findings, the Commission approved the agreement, confirming its compliance with the relevant legal standards.

The Fair Work Commission approved the Plumbing Enterprise Agreement between the Victorian National Pool & Landscape Solutions Pty Ltd and the CEPU - Plumbing Division (Vic). The Commission found that the agreement was fairly negotiated and free from any form of coercion, and that it met all statutory requirements under the Fair Work Act 2009. This decision allows the agreement to take effect, providing a framework for the employment terms and conditions of the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established