B & W Plumbing Commercial Pty Ltd

[2024] FWCA 1467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

B & W Plumbing Commercial Pty Ltd

(AG2024/1174)

B & W COMMERCIAL PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2024

Application for approval of the B & W Commercial Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

B & W Plumbing Commercial Pty Ltd has made an application for approval of an enterprise agreement known as the B & W Commercial Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 22 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, B & W Plumbing Commercial Pty Ltd applied for the approval of their proposed enterprise agreement with the CEPU – Plumbing Division (Vic). The dispute arose from disagreements regarding the terms and conditions of employment, wage rates, and other employment-related matters outlined in the agreement between the employer and the union. The case was heard by the Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. This included assessing whether the agreement provided for the terms and conditions of employment that were fair and reasonable, and whether it satisfied the provisions regarding the protection of vulnerable workers and the avoidance of adverse action. The Commission also needed to consider whether the agreement was made in good faith and whether it provided adequate mechanisms for the resolution of disputes between the parties.

After examining the submissions and evidence presented by both the employer and the union, the Commission found that the proposed agreement did meet the necessary standards under the Fair Work Act. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment, included adequate protections for vulnerable workers, and provided sufficient mechanisms for dispute resolution. The Commission concluded that the agreement had been made in good faith and was consistent with the principles of the Act.

The Commission approved the B & W Commercial Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the employees of B & W Plumbing Commercial Pty Ltd for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established