DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Plumbing Service (Vic) Pty Ltd T/A Premier Plumbing Service
(AG2021/67)

PREMIER PLUMBING SERVICE (VIC) PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Premier Plumbing Service (Vic) Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Premier Plumbing Service (Vic) Pty Ltd T/A Premier Plumbing Service has made an application for approval of an enterprise agreement known as the Premier Plumbing Service (Vic) 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 application was not lodged within 14 days after the agreement was made. 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.

[4] 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.

[5] The Agreement was approved on 2 February 2021 and, in accordance with s 54, will operate from 9 February 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

Premier Plumbing Service (Vic) Pty Ltd, trading as Premier Plumbing Service, applied to the Fair Work Commission for approval of the Premier Plumbing Service (Vic) Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023. The application arose from the employer and the union reaching an agreement, which required approval by the Commission before it could take effect.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including being in the best interests of the employees, meeting the relevant national employment standards, and being free from prohibited content. The Commission also needed to determine whether the agreement was appropriately certified by the relevant union.

In considering these issues, the Commission found that the agreement did meet the requirements of the Act. The agreement was appropriately certified by the union and provided for terms and conditions that were in the best interests of the employees. The Commission noted that the agreement contained provisions for fair and reasonable pay, reasonable hours of work, and adequate rest breaks, among other things. The Commission was also satisfied that the agreement did not contain any prohibited content.

The Commission approved the agreement, which will now take effect. The approval ensures that the employees of Premier Plumbing Service (Vic) Pty Ltd will receive fair and reasonable terms and conditions of employment, as set out in the agreement.

Premier Plumbing Service (Vic) Pty Ltd T/A Premier Plumbing Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established