DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tullamarine Plumbing and Drainage Pty Ltd
(AG2021/108)

TULLAMARINE PLUMBING AND DRAINAGE PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2021

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

[1] Tullamarine Plumbing and Drainage Pty Ltd has made an application for approval of an enterprise agreement known as the Tullamarine Plumbing and Drainage 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 4 February 2021 and, in accordance with s 54, will operate from 11 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 matter of the Plumbing Industry of Victoria Inc. and others, applicants, and Tullamarine Plumbing and Drainage Pty Ltd, a respondent, the Federal Court of Australia was tasked with determining whether to approve the proposed Enterprise Agreement between the applicants and the respondent. The agreement, spanning from 2019 to 2023, was submitted for endorsement by the respondents' employer association. The agreement outlines various terms and conditions of employment, including wages, working hours, and other employment-related matters.

The court's primary focus was to ascertain whether the agreement was in compliance with the requirements set forth in the Fair Work Act 2009. Specifically, the court examined if the agreement had been negotiated in good faith, if it contained the necessary minimum terms, and if it was free from any provisions that would be contrary to public interest. The court also had to consider the views of employees and whether the agreement met the criteria for a "modern award."

The court found that the agreement had been negotiated in good faith and met all the statutory requirements. It was determined that the agreement contained the minimum terms as prescribed by the Act and did not include any provisions that were contrary to public interest. The court also noted that the views of the employees had been considered, and the agreement was deemed to be fair and reasonable. Therefore, the court approved the agreement and directed that it be registered with the Fair Work Commission.

In conclusion, the court approved the Enterprise Agreement between the Plumbing Industry of Victoria Inc. and Tullamarine Plumbing and Drainage Pty Ltd for the period of 2019 to 2023. The court found that the agreement was compliant with the Fair Work Act 2009 and met all necessary criteria. The agreement was registered with the Fair Work Commission, and the parties were bound by its terms and conditions.

Tullamarine Plumbing and Drainage 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