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

[2025] FWCA 565

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

(AG2025/241)

SAINTS PLUMBING GROUP PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the Saints Plumbing Group Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Saints Plumbing Group Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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.

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

a)Clause 40: Compassionate leave.

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 5.4), 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Saints Plumbing Group Pty Ltd (the Employer). The Union applied to the Fair Work Commission for the approval of a new enterprise agreement covering the period from 2024 to 2027. The legal issues before the Commission centred on whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for approval as a registered agreement under the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was genuinely negotiated between the parties.

In assessing the application, the Commission examined the bargaining process, the content of the agreement, and whether it met the statutory requirements. The Union argued that the agreement was fairly negotiated and provided for reasonable terms and conditions, while the Employer contended that some provisions were not in line with the legislative framework. The Commission found that the agreement was genuinely negotiated and that the terms were fair and reasonable, taking into account the specific industry and the needs of both parties. The provisions related to wages, hours of work, leave, and other employment conditions were considered appropriate and balanced.

Consequently, the Fair Work Commission approved the agreement, finding it met the statutory criteria for registration. The Commission acknowledged the efforts of both parties in negotiating the agreement and recognised the importance of the agreement for the employees and the business. The decision highlights the Commission's role in ensuring that enterprise agreements provide fair and reasonable terms for employees while supporting the operation of the business. The final orders included the registration of the agreement, which became effective from the date of the decision.

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