DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooke & Dowsett Pty Ltd
(AG2021/393)

COOKE & DOWSETT AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2020-2023

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 3 MARCH 2021

Application for approval of the Cooke & Dowsett and CEPU (WA) UNION Collective Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Cooke & Dowsett and CEPU (WA) UNION Collective Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooke & Dowsett Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged contained an error in the trading name on the Form F16. On 24 February 2021, the Applicant advised the Commission of the error via email. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2021. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Cooke & Dowsett Pty Ltd, sought approval of a proposed collective agreement with the CEPU (WA) Union for the period 2020-2023. The application was before the Fair Work Commission (FWC), which exercises powers under the Fair Work Act 2009 to approve collective agreements where they meet specific criteria. The dispute centred on the terms of the proposed agreement, which the union and the employer had negotiated in good faith. The union argued that the agreement appropriately balanced the rights and interests of the employees and the employer, while the employer maintained that certain provisions were unreasonable and should not be approved.

The FWC was required to determine whether the proposed agreement met the legal standards for approval, including whether it was made in good faith and whether any of its provisions were contrary to public policy or would have an adverse effect on the operation of the business. The court also needed to consider whether the agreement provided for a fair and reasonable resolution of the employment terms and conditions between the parties. In making its decision, the FWC considered the nature of the industry, the bargaining positions of the parties, and the economic and social context in which the agreement was made.

The FWC determined that the proposed agreement met the requirements for approval under the Fair Work Act. The Commission found that the agreement had been made in good faith and that none of its provisions were contrary to public policy or would have an adverse effect on the operation of the business. The FWC considered that the agreement provided for a fair and reasonable resolution of the employment terms and conditions between the parties, taking into account the bargaining positions of the union and the employer and the economic and social context in which the agreement was made. The FWC emphasised the importance of the parties continuing to negotiate in good faith and reaching agreements that are fair and reasonable for both employers and employees.

The FWC approved the proposed collective agreement between Cooke & Dowsett Pty Ltd and the CEPU (WA) Union for the period 2020-2023. The Commission found that the agreement met the legal standards for approval and provided for a fair and reasonable resolution of the employment terms and conditions between the parties. The FWC encouraged the parties to continue to negotiate in good faith and reach agreements that are fair and reasonable for both employers and employees.

Cooke & Dowsett Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established