DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSG Plumbing Pty Ltd ATF NSG Plumbing Trust
(AG2021/257)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2021

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

[1] NSG Plumbing Pty Ltd has made an application for approval of a single enterprise agreement known as the NSG 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). 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 application was not lodged within required 14 days. 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.

[2] 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.

[3] The Agreement was approved on 12 February 2021 and, in accordance with s 54, will operate from 19 February 2021. The nominal expiry date is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NSG Plumbing Pty Ltd, on behalf of its trustees, applied to the Fair Work Commission for the approval of the NSG Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023. The applicant sought the endorsement of this agreement, which was negotiated with the union, to formalise employment terms for its workers. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. This involved assessing if the agreement was genuinely negotiated and if it contained terms that were fair and reasonable. The Commission had to scrutinise the negotiation process, the content of the agreement, and ensure it adhered to minimum standards for wages, conditions, and other employment terms.

The Fair Work Commission found that the negotiation process was legitimate and that the agreement met all procedural requirements. The substantive provisions of the agreement were also found to be fair and reasonable, considering the specific circumstances of the industry and the bargaining parties. The Commission approved the enterprise agreement, acknowledging that it provided a balanced set of terms and conditions that were negotiated in good faith and reflected the needs of both the employer and employees.

The final orders of the Commission included the approval of the NSG Plumbing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would apply to the employees of NSG Plumbing Pty Ltd as per the specified period.

NSG Plumbing Pty Ltd ATF NSG Plumbing Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established