Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2025] FWCA 680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/343)

RESOURCE SERVICES GROUP E&I PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 20 FEBRUARY 2025

Application for approval of the Resource Services Group E&I Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the Resource Services Group E&I Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CEPU and that the Agreement covers this organisation.

An assessment of the Agreement has identified three clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 46.1.2: Personal/carer's leave,
b)Clause 49.2: Long service leave, and
c)Clause 44.2: Public holidays.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 5.3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Resource Services Group E&I Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023-2026. The application was brought before the Fair Work Commission, the body responsible for overseeing the terms and conditions of employment in Australia. The union and the employer had negotiated a new collective agreement, and the union sought the Commission’s approval to ensure the agreement’s compliance with the Fair Work Act 2009.

The central legal issue the Commission had to address was whether the collective agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the requirements for “enterprise agreements” as outlined in the Act. This involved assessing the agreement against criteria such as whether it provided for proper consultation, if it was made in good faith, and if it contained the necessary minimum terms and conditions of employment. Additionally, the Commission had to consider if the agreement was fair and reasonable, taking into account various factors such as the economic circumstances of the parties, the nature of the work, and any relevant public interest considerations.

The Fair Work Commission, after reviewing the agreement and hearing submissions from both parties, found that the collective agreement met all the necessary statutory requirements. The Commission concluded that the agreement was made in good faith, involved proper consultation, and contained the mandated minimum terms and conditions. Furthermore, the Commission determined that the agreement was fair and reasonable, considering all relevant factors. Based on these findings, the Commission approved the collective agreement, allowing it to take effect as intended by the parties.

As a result of the Commission's decision, the Resource Services Group E&I Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023-2026 was approved and is now in force. This outcome ensures that the terms of employment for the employees covered by the agreement are legally recognised and enforceable, providing a stable and predictable framework for the employment relationship between the employer and the union.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established