DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TFG Group Pty Ltd
(AG2021/6629)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 AUGUST 2021

Application for approval of the TFG Group Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] TFG Group Pty Ltd has made an application for approval of an enterprise agreement known as the TFG Group 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 20 August 2021 and, in accordance with s 54, will operate from 27 August 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

The applicant, TFG Group Pty Ltd, sought approval of the Enterprise Agreement it had negotiated with the CEPU – Plumbing Division Victorian Branch. The dispute was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the relevant statutory provisions and was in the interests of the employees it covered. This required the FWC to consider the bargaining positions of the parties, the fairness of the terms and conditions proposed, and whether the agreement contained all the prescribed minimum terms and conditions required by the Fair Work Act 2009.

The FWC examined the evidence presented by both parties regarding the bargaining process and the content of the proposed agreement. It assessed whether the agreement was made in good faith, if the parties had genuinely attempted to negotiate in that spirit, and if the terms and conditions were fair. The FWC also reviewed whether the agreement contained all the prescribed minimum terms and conditions and if any provisions that fell outside these minima were justified. In reaching its decision, the FWC considered the economic context of the industry, the relative bargaining power of the parties, and the broader implications of the agreement for the employees involved.

The FWC concluded that the proposed agreement was fair and complied with the statutory requirements. It found that the bargaining process had been conducted in good faith and that the terms and conditions were reasonable, taking into account the economic circumstances and the bargaining positions of the parties. The FWC also determined that the agreement contained all the prescribed minimum terms and conditions and did not include any provisions that were unfair or unjustifiable. As a result, the FWC approved the TFG Group Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

TFG Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established