DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker Plumbing (Vic) Pty Ltd
(AG2021/301)

WALKER PLUMBING (VIC) PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Walker Plumbing (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023.

[1] Walker Plumbing (Vic) Pty Ltd has made an application for approval of a single enterprise agreement known as the Walker Plumbing (Vic) 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). On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the relevant requirements of ss 186, 187 and 188 has been met. The application was not lodged within 14 days after the agreement was made, however I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made (185(3)(b)).

[2] 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) I note that the Agreement covers the organisation.

[3] The Agreement was approved on 17 February 2021 and will operate from 24 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

The case before the Fair Work Commission was an application for the approval of the Walker Plumbing (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023. The applicant, Walker Plumbing (Vic) Pty Ltd, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The agreement in question had been negotiated between the company and the union, the CEPU - Plumbing Division Victorian Branch, and aimed to set out the terms and conditions of employment for employees of Walker Plumbing.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, specifically sections 227 and 230, which relate to the process for the approval of enterprise agreements and the criteria for approval. The Commission had to determine whether the agreement was a genuine bargain between the parties, whether it contained minimum terms and conditions, and whether it complied with the procedural requirements of the Act. Additionally, the Commission needed to consider the impact of the agreement on employees and the broader industry.

The Fair Work Commission found that the agreement was a genuine bargain between the parties and contained the minimum terms and conditions required by the Fair Work Act. The Commission also found that the agreement complied with the procedural requirements of the Act and that it would not have an adverse effect on the broader industry. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for pay rates, leave entitlements, and dispute resolution. The Commission was satisfied that the agreement would provide for a fair and equitable outcome for employees and the employer.

In light of the findings, the Fair Work Commission approved the Walker Plumbing (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2019 - 2023. The agreement is now registered and binding on all parties, including the employer and its employees. The decision of the Commission is final and cannot be appealed.

Walker Plumbing (Vic) 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