DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H & R Plumbing Pty Ltd
(AG2021/4385)

H & R PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 APRIL 2021

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

[1] H & R Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the H & R 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.

[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 7 April 2021 and, in accordance with s 54, will operate from 14 April 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

H & R Plumbing Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the CEPU – Plumbing Division Victorian Branch. The dispute centred on the terms of the proposed agreement and whether they met the necessary legal requirements for approval. The Commission was tasked with determining if the agreement complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the proposed enterprise agreement was consistent with the provisions of the Fair Work Act 2009. The Commission had to assess whether the agreement contained terms that were procedurally and substantively compliant with the Act. Specifically, it needed to ensure that the agreement was free from any illegality, did not discriminate unfairly, and was negotiated in good faith. The Commission also considered if the agreement provided for the proper protection of employee interests and met the requirements for employee representation during negotiations.

The Commission concluded that the proposed enterprise agreement was compliant with the Fair Work Act. It found that the agreement was negotiated in good faith, contained no illegal terms, and did not unfairly discriminate against any group of employees. The agreement was also deemed to adequately protect employee interests, including provisions for fair and reasonable working conditions. The Commission was satisfied that all necessary procedural requirements had been met, including the representation of employees during negotiations. Consequently, the Commission approved the H & R Plumbing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

The Fair Work Commission approved the enterprise agreement, effective from the date of the decision. This approval signifies that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the employees covered by the agreement for the period 2019-2023.

H & R Plumbing 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