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

[2021] FWCA 6971

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
(AG2021/8532)

EXPERT ROOFING SERVICES AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 DECEMBER 2021

Application for approval of the Expert Roofing Services 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 Expert Roofing Services 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. The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division (Vic). The union applied to the Fair Work Commission for the approval of the Enterprise Agreement between Expert Roofing Services and the union. The nature of the dispute centred around the adequacy and fairness of the terms and conditions outlined in the proposed agreement.

The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the 'better off overall test', which requires that employees be no worse off financially than they would be under the applicable award or safety net. Additionally, the court needed to assess whether the agreement contained mandatory terms and whether it was made in good faith.

The court found that the agreement met the requirements for approval. It determined that the agreement was not only compliant with the better off overall test but also contained no terms that were contrary to the provisions of the Fair Work Act. The court concluded that the agreement was made in good faith and was fair and reasonable. Consequently, the court approved the Enterprise Agreement.

The final orders of the court included the approval of the Enterprise Agreement, subject to the terms and conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission and would come into effect on the specified date. The decision provided clarity for both the union and the employer regarding the terms and conditions of employment under the approved 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