Leemark Industries Pty Ltd Summary

[2022] FWCA 569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leemark Industries Pty Ltd

(AG2022/353)

Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 FEBRUARY 2022

Application for approval of the Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023

Leemark Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 18 February 2022 and, in accordance with s 54, will operate from 25 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

Leemark Industries Pty Ltd applied to the Fair Work Commission for the approval of the Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023. The applicants sought to have the agreement certified as a single enterprise agreement under the Fair Work Act 2009. The dispute arose from objections raised by the Australian Building and Construction Commission regarding the agreement's provisions on the classification of employees and the definition of the bargaining unit.

The legal issues before the Commission included whether the agreement was made in good faith, whether it was a genuine agreement, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the classification of employees and the definition of the bargaining unit were appropriate and whether the agreement was made without coercion or undue influence.

The Commission found that the agreement was made in good faith, was genuine, and complied with the Fair Work Act. The classification of employees and the definition of the bargaining unit were deemed appropriate. The Commission concluded that the agreement was made without coercion or undue influence and that it met the requirements for certification. The objections raised by the Australian Building and Construction Commission were dismissed.

The Fair Work Commission approved the Leemark Industries Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 as a single enterprise agreement. The agreement was certified as of 1 July 2019 and will remain in effect until 30 June 2023. The Commission's decision was based on the evidence presented and its findings that the agreement met the necessary criteria for certification under the Fair Work Act.

Leemark Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established