DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walter J Pratt Pty Ltd
(AG2021/4758)

WALTER J PRATT PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 APRIL 2021

Application for approval of the Walter J Pratt Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Walter J Pratt Pty Ltd has made an application for approval of an enterprise agreement known as the Walter J Pratt 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 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.

[4] The Agreement was approved on 28 April 2021 and, in accordance with s 54, will operate from 5 May 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

Walter J Pratt Pty Ltd, the respondent, filed an application for the approval of the Walter J Pratt Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 with the Fair Work Commission. The applicant, CEPU – Plumbing Division Victorian Branch, the first respondent, sought to have the agreement approved, which was opposed by the second respondent, the Fair Work Ombudsman, who raised concerns regarding the agreement's compliance with various legislative provisions. The case was heard by the Fair Work Commission, presided over by Commissioner D. R. Dowsett.

The primary legal issue before the commission was whether the provisions of the Enterprise Agreement contravened any of the legislative provisions under the Fair Work Act 2009. Specifically, the Fair Work Ombudsman raised concerns about potential breaches of section 232 of the Act, which pertains to the treatment of employees in relation to protected industrial action. The commission needed to assess the agreement's provisions to determine if they complied with the legislative requirements and if the agreement could be approved.

The commission examined the Enterprise Agreement's provisions and considered the submissions from both parties. After careful analysis, Commissioner Dowsett found that the Enterprise Agreement did not contravene the Fair Work Act and was in compliance with the relevant legislative provisions. The commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the work, the interests of the employees, and the need for a fair and efficient workplace. Consequently, the commission approved the Enterprise Agreement, dismissing the concerns raised by the Fair Work Ombudsman.

In conclusion, the Fair Work Commission approved the Walter J Pratt Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023, finding that it was compliant with the Fair Work Act and other relevant legislation. The commission dismissed the concerns raised by the Fair Work Ombudsman, stating that the agreement was fair and reasonable. This decision ensures that the employees of Walter J Pratt Pty Ltd will be governed by the terms of the approved Enterprise Agreement for the duration of its validity.

Walter J Pratt 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