DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trio Plumbing (Aust) Pty Ltd
(AG2021/171)

TRIO PLUMBING (AUST) PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2021

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

[1] Trio Plumbing (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the Trio Plumbing (Aust) 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] While the application is generally in order, the Commission was advised that the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 12 February 2021 and, in accordance with s 54, will operate from 19 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission heard an application for the approval of the proposed Enterprise Agreement between Trio Plumbing (Aust) Pty Ltd and the CEPU – Plumbing Division Victorian Branch for the period 2019 to 2023. The agreement sought to regulate the employment terms and conditions for employees within the scope of the agreement. The central issue before the commission was whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it provided for the fair and equitable treatment of employees and their right to be free from adverse action.

The commission examined the proposed terms and conditions of the agreement, including the provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The commission also considered submissions from the parties, including the evidence provided by the employer regarding the need for flexibility in the agreement to accommodate changes in the industry. The commission found that the agreement provided for the fair and equitable treatment of employees and did not contain any terms that were contrary to the objectives of the Fair Work Act 2009.

The commission approved the agreement, subject to certain modifications to address minor concerns raised during the hearing. The modifications related to the definition of shift work and the process for resolving disputes. The modifications were designed to ensure that the agreement provided for the fair and equitable treatment of employees and did not disadvantage any party. The commission noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties and was in the best interests of the employees covered by the agreement.

The final orders of the commission approved the agreement, subject to the modifications outlined in the decision. The commission also directed that the agreement be registered with the Fair Work Commission and that it would come into effect on the date specified in the agreement. The commission emphasised the importance of the agreement in providing a framework for the fair and equitable treatment of employees and the promotion of harmonious workplace relations.

Trio Plumbing (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established