DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cormack Plumbing Service Pty Ltd ATF Cormack Family Trust T/A Cormack Plumbing Service
(AG2021/90)

CORMACK PLUMBING SERVICE PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Cormack Plumbing Service Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Cormack Plumbing Service Pty Ltd ATF Cormack Family Trust T/A Cormack Plumbing Service has made an application for approval of an enterprise agreement known as the Cormack Plumbing Service 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 February 2021 and, in accordance with s 54, will operate from 9 February 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 Enterprise Agreement between Cormack Plumbing Service Pty Ltd and the CEPU – Plumbing Division Victorian Branch for the period 2019 to 2023. The application was brought before the Fair Work Commission, with the applicant, Cormack Plumbing Service Pty Ltd, represented by its trustee, and the respondent, CEPU – Plumbing Division Victorian Branch, represented by its authorised officer. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it contained the required minimum terms and conditions and whether it was free from any unfair content.

The primary legal issue was whether the Enterprise Agreement provided for the minimum entitlements mandated by the Fair Work Act and whether it contained any provisions that could be deemed unfair. The court needed to determine if the agreement was consistent with the statutory minimum standards and if it complied with the procedural requirements for the approval of such agreements. Furthermore, the court examined whether any provisions within the agreement unfairly disadvantaged employees or employers.

The Fair Work Commission assessed the agreement against the statutory requirements and found that it did indeed provide for the minimum entitlements as stipulated by the Fair Work Act. The Commission also concluded that none of the provisions in the agreement were unfair. The agreement was found to be procedurally sound, with proper notice and opportunity for consultation given to the relevant parties. Given these findings, the Commission approved the Enterprise Agreement, confirming its compliance with the relevant legislative framework.

In its decision, the Fair Work Commission approved the Enterprise Agreement between Cormack Plumbing Service Pty Ltd and the CEPU – Plumbing Division Victorian Branch for the period 2019 to 2023. The Commission determined that the agreement met all statutory requirements, including the provision of minimum terms and conditions, and that it did not contain any unfair content. Consequently, the agreement was officially recognised and enforceable under the Fair Work Act.

Cormack Plumbing Service Pty Ltd ATF Cormack Family Trust T/A Cormack Plumbing Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established