Creative Plumbing Pty Ltd Summary

[2022] FWCA 206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Creative Plumbing Pty Ltd

(AG2021/9175)

Creative Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JANUARY 2022

Application for approval of the Creative Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023

Creative Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the Creative Plumbing 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.

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 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.

The Agreement was approved on 25 January 2022 and, in accordance with s 54, will operate from 1 February 2022. 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 an application by Creative Plumbing Pty Ltd for the approval of the Enterprise Agreement between the company and the CEPU - Plumbing Division Victorian Branch, which was to be in effect from 2019 to 2023. The dispute was lodged in the Fair Work Commission, where the primary concern was the validity and fairness of the proposed agreement terms. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues central to the case were whether the agreement was a genuine enterprise agreement, whether it provided for the mandatory minimum rights and entitlements, and whether it was fairly negotiated. Specifically, the Commission had to assess whether the agreement contained terms that were consistent with the requirements of the Act, particularly focusing on the coverage of the agreement, the negotiation process, and the content of the agreement itself. Additionally, the Commission examined whether the agreement adequately protected the rights of employees and if it provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Fair Work Commission considered various factors, including the negotiation process, the nature of the agreement, and the provisions included within it. The Commission determined that the agreement was genuinely negotiated and covered the requisite minimum terms and conditions. It found that the negotiation process was fair and that the agreement contained provisions that ensured employees were not worse off. The Commission concluded that the agreement was fair and balanced, meeting the necessary criteria for approval under the Act. Consequently, the Commission approved the Enterprise Agreement, recognising it as a valid and enforceable contract between the parties.

The final orders of the Commission were that the Enterprise Agreement between Creative Plumbing Pty Ltd and the CEPU - Plumbing Division Victorian Branch for the period 2019 to 2023 be approved, and it be registered with the Fair Work Commission. The approval ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the specified period.

Creative Plumbing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established