DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plumbco Services Pty Limited
(AG2021/4342)

PLUMBCO SERVICES PTY LIMITED AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2021

Application for approval of the Plumbco Services Pty Limited and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Plumbco Services Pty Limited has made an application for approval of an enterprise agreement known as the Plumbco Services Pty Limited 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] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 31 March 2021 and, in accordance with s 54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Plumbco Services Pty Limited involved an application to the Fair Work Commission for approval of the Enterprise Agreement between Plumbco Services Pty Limited and the CEPU – Plumbing Division Victorian Branch for the period 2019 to 2023. The agreement sought to regulate terms and conditions of employment for the employees of Plumbco Services Pty Limited, a plumbing services company based in Victoria.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it was a "registered agreement" and met the criteria for "good faith" bargaining. The key points of contention were the provisions concerning casual employment, the definition of "hours of work," and the process for resolving disputes.

The Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith, with both parties engaging in genuine bargaining. The Commission noted that the agreement addressed key issues for both employers and employees, including wage rates, conditions of employment, and mechanisms for dispute resolution. The Commission was satisfied that the agreement was fair and reasonable, and approved it under the Fair Work Act. The Commission's approval was based on the conclusion that the agreement met the statutory requirements and was in the interests of fairness and equity for both parties.

The Fair Work Commission approved the Enterprise Agreement between Plumbco Services Pty Limited and the CEPU – Plumbing Division Victorian Branch for the period 2019 to 2023. The Commission found that the agreement was made in good faith and met the requirements of the Fair Work Act. The approval ensures that the terms and conditions of employment for the employees of Plumbco Services Pty Limited are regulated by the agreed-upon provisions, providing a framework for fair and equitable workplace relations.

Plumbco Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established