Symal Contractors Pty Ltd Summary

[2022] FWCA 2149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symal Contractors Pty Ltd

(AG2022/1980)

Symal Contractors Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2022

Application for approval of the Symal Contractors Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

Symal Contractors Pty Ltd has made an application for approval of an enterprise agreement known as the Symal Contractors Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 29 June 2022 and, in accordance with s 54, will operate from 6 July 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

Symal Contractors Pty Ltd and the CEPU – Plumbing Division Victorian Branch were parties to an enterprise agreement. The agreement was submitted for approval to the Fair Work Commission. The nature of the dispute was centred around the agreement's compliance with the Fair Work Act 2009 and its adherence to the provisions governing enterprise agreements.

The legal issues that the Commission was required to decide were whether the agreement met the criteria for registration under the Fair Work Act, specifically in relation to the agreement's coverage of terms and conditions, its fairness and benefits, and whether it complied with the procedural requirements. The Commission also had to assess if the agreement contained all the prescribed terms and if it was free from any invalid provisions.

The Fair Work Commission reviewed the agreement thoroughly, considering the submissions from both parties. The Commission found that the agreement was comprehensive and covered all the necessary terms and conditions. It was also found to be fair and beneficial to the employees, providing adequate protections and benefits. The Commission confirmed that the agreement was compliant with the procedural requirements of the Act, and it did not contain any invalid provisions. Consequently, the Commission approved the agreement, finding it to be in accordance with the legislative framework.

The final orders of the Commission were that the Symal Contractors Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for the employees covered by the agreement.

Symal Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established