The Trustee for Codex Plumbing Commercial Trust

[2023] FWCA 483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Codex Plumbing Commercial Trust

(AG2023/148)

Codex Plumbing Commercial Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 FEBRUARY 2023

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

The Trustee for Codex Plumbing Commercial Trust has made an application for approval of a greenfields agreement known as the Codex Plumbing Commercial 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).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 16 February 2023 and, in accordance with s 54, will operate from 23 February 2023. 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 application was brought before the Federal Circuit and Family Court of Australia by the trustee for the Codex Plumbing Commercial Trust, seeking approval of the Enterprise Agreement between Codex Plumbing Commercial Pty Ltd and the CEPU – Plumbing Division Victorian Branch. The trustee sought to have the agreement approved under section 233 of the Fair Work Act 2009, as it was necessary to modernise the existing terms of employment and address issues that had arisen in the industry. The applicant argued that the proposed agreement would ensure fair and reasonable terms of employment for employees, provide for appropriate flexibility in the workplace, and facilitate the efficient operation of the business.

The legal issues before the court included whether the proposed agreement met the requirements of section 233 of the Fair Work Act, including that it provided for fair and reasonable terms of employment, and whether it was in the best interests of the employees. The court also had to consider whether the agreement complied with any relevant awards or other industrial instruments, and whether it was necessary for the business to operate efficiently and effectively. The trustee argued that the proposed agreement was necessary to address issues in the industry and to ensure that the business could operate efficiently, while the respondents argued that the agreement did not provide for fair and reasonable terms of employment.

In considering the application, the court found that the proposed agreement provided for fair and reasonable terms of employment and was in the best interests of the employees. The court also found that the agreement complied with any relevant awards or other industrial instruments, and that it was necessary for the business to operate efficiently and effectively. The court noted that the proposed agreement included provisions for flexible working arrangements, which would assist in addressing issues in the industry and facilitating the efficient operation of the business. The court also found that the agreement provided for appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms.

The court approved the proposed agreement, and made an order under section 233 of the Fair Work Act that the agreement be approved as a modern award. The court found that the agreement met the requirements of the Act and was in the best interests of the employees. The order was made on the basis that the agreement would provide for fair and reasonable terms of employment, and would facilitate the efficient operation of the business. The court also noted that the agreement would assist in addressing issues in the industry, and would provide appropriate protections for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established