DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooke & Dowsett Pty Ltd
(AG2020/3763)

COOKE & DOWSETT PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2020

Application for approval of the Cooke & Dowsett Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Cooke & Dowsett Pty Ltd has made an application for approval of an enterprise agreement known as the Cooke & Dowsett Pty Ltd and CEPU – Plumbing Division Victorian Branch 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 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 December 2020 and, in accordance with s 54, will operate from 29 December 2020. 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

Cooke & Dowsett Pty Ltd, an employer, and the CEPU – Plumbing Division Victorian Branch, a trade union, brought an application to the Fair Work Commission for the approval of their enterprise agreement. The agreement, which covered employees in the plumbing industry, was submitted for registration under the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while no objections were raised by the employer. The Commission was required to determine whether the agreement met the criteria for approval, including that it provided for fair pay and conditions, and did not unfairly discriminate.

The legal issues before the Commission were whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it was certified in accordance with the relevant provisions of the Fair Work Act. The Commission considered the content of the agreement, including the provisions relating to wages, hours of work, leave, and dispute resolution mechanisms. The Commission also examined whether the agreement complied with the requirement that it be certified by an independent person, and whether there were any procedural irregularities in the process of approving the agreement.

The Commission found that the agreement met the requirements for approval. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it was certified in accordance with the relevant provisions of the Fair Work Act. The Commission also found that there were no procedural irregularities in the process of approving the agreement. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Cooke & Dowsett Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023. The agreement will now be registered with the Commission and will provide for the fair and reasonable terms and conditions of employment for employees in the plumbing industry covered by the agreement.

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