DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Benjamin Young Trading Trust trading as Complete Plumbing Contracting Pty Ltd
(AG2021/170)

COMPLETE PLUMBING CONTRACTING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2021

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

[1] The Trustee for the Benjamin Young Trading Trust trading as Complete Plumbing Contracting Pty Ltd has made an application for approval of an enterprise agreement known as the Complete Plumbing Contracting 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 11 February 2021 and, in accordance with s 54, will operate from 18 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

In the Fair Work Commission, the trustee for the Benjamin Young Trading Trust, trading as Complete Plumbing Contracting Pty Ltd, sought approval of an enterprise agreement with the CEPU – Plumbing Division Victorian Branch. The dispute arose from the proposed terms of the agreement, which the trustee argued should be approved under the Fair Work Act 2009. The applicant, represented by legal counsel, contended that the agreement met the necessary criteria for approval, including that it contained no terms that were contrary to the public interest and that it was fairly negotiated. Opposing the application was the CEPU – Plumbing Division Victorian Branch, represented by their own legal counsel, who argued that certain provisions of the agreement were unfair and did not adequately protect the interests of the employees.

The central legal issues the Commission had to address were whether the agreement contained terms that were contrary to the public interest and whether the agreement had been fairly negotiated. The Commission examined the provisions of the agreement in detail, considering the implications of each term and whether they aligned with the objectives of the Fair Work Act. The Commission also assessed the negotiation process to determine if it had been conducted in a manner that ensured a genuine opportunity for the parties to negotiate and reach a consensus.

After reviewing the arguments and evidence presented, the Commission concluded that the agreement did not contain any terms that were contrary to the public interest. It found that the provisions, while potentially disadvantageous to some employees, were necessary to address specific operational needs of the business. The Commission also determined that the agreement had been fairly negotiated, as there was evidence of a genuine attempt by both parties to reach an agreement through discussions and negotiations. The Commission approved the agreement, recognising its importance for the ongoing relationship between the employer and the employees.

The final orders of the Commission were that the Complete Plumbing Contracting Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 be approved as a registered agreement under the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment relationship between the parties for the specified period, subject to the terms of the Act and any relevant regulations.

The Trustee for the Benjamin Young Trading Trust trading as Complete Plumbing Contracting 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