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

[2021] FWCA 6975

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
(AG2021/8534)

CMS AIR 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 CMS Air 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 has made an application for approval of an enterprise agreement known as the CMS Air 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 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

CaseChat Overview and Summary

The matter involved an application for the approval of the CMS Air Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicant, CEPU, sought the Fair Work Commission's (FWC) approval of the agreement. The FWC was required to consider whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The decision was made by the FWC and was handed down by Commissioner Smith.

The key legal issues before the FWC were whether the agreement complied with the formal requirements of section 228 of the Act, and whether the agreement had been made in accordance with the good faith bargaining obligations under section 232 of the Act. Additionally, the FWC was required to consider whether the agreement met the requirements of the modern award applicable to the employees covered by the agreement.

The FWC found that the agreement complied with the formal requirements of section 228 of the Act, and that the agreement had been made in accordance with the good faith bargaining obligations under section 232 of the Act. The FWC also found that the agreement met the requirements of the modern award applicable to the employees covered by the agreement. The FWC was satisfied that the agreement provided for a fair and reasonable outcome for both parties, and that it would promote harmonious, productive and cooperative workplace relations. The FWC approved the agreement, and it will now be registered with the Australian Industrial Relations Commission.

The FWC approved the agreement and it will be registered with the Australian Industrial Relations Commission. The approval of the agreement is effective from the date of the FWC's decision, and will apply to all employees covered by the agreement. The parties are bound by the terms of the agreement, and are required to comply with its provisions. The FWC's decision is final and binding, and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established