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

[2021] FWCA 6944

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
(AG2021/8479)

DOOLAN PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 DECEMBER 2021

Application for approval of the Doolan Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2022

[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 Doolan Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2022 (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, the copy of the notice of employee representational rights (NERR) that was given to the employees was not in the prescribed form. 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 2 December 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The case involved an application for the approval of the Doolan Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2022. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for the approval of the agreement, which aimed to regulate the terms and conditions of employment for employees within the plumbing sector in New South Wales.

The primary legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the provisions of the agreement complied with the Fair Work (Registered Organisations) Act 2009. The court had to determine if the agreement satisfied the necessary conditions for approval, including provisions relating to minimum wages, entitlements, and dispute resolution mechanisms.

In delivering its decision, the court examined the content of the agreement and assessed its compliance with relevant legislation. The union argued that the agreement was fair and reasonable, considering the needs of both employers and employees. The court considered the submissions from both parties, the evidence presented, and the relevant legal provisions. Ultimately, the court found that the agreement met the necessary criteria for approval and did not contravene any statutory requirements. The court approved the agreement, emphasising its compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act.

The final orders of the court were that the Doolan Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act. The agreement was deemed to be in effect from the date of the decision and was to be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established