DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highbury Plumbing Pty Ltd
(AG2020/4108)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JANUARY 2021

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

[1] Highbury Plumbing Pty Ltd has made an application for approval of an enterprise agreement known as the Highbury 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 January 2021 and, in accordance with s 54, will operate from 14 January 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

Highbury Plumbing Pty Ltd applied for the approval of the Highbury Plumbing Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC). The dispute centred on whether the proposed enterprise agreement contained provisions that were contrary to public policy or that failed to meet the legal requirements for approval.

The court needed to determine if the agreement complied with the Fair Work Act and whether it contained any provisions that were contrary to public policy. This included assessing if the agreement properly addressed minimum entitlements, whether it allowed for the avoidance of industrial awards, and if it contained any clauses that could be seen as discriminatory or otherwise unlawful.

The FWC found that the agreement did comply with the Fair Work Act and did not contain any provisions that were contrary to public policy. The court noted that the agreement included provisions that ensured employees were not worse off than under the relevant industrial awards and provided for appropriate dispute resolution mechanisms. The FWC also found that the agreement did not contain any discriminatory provisions and did not allow for the avoidance of minimum entitlements.

The FWC approved the enterprise agreement, and the decision was made final. The agreement was thus legally binding between the parties and could be enforced under the Fair Work Act.

Highbury 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