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

[2025] FWCA 550

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

(AG2024/4558)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Poolcom 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 Poolcom 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.

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.

An assessment of the Agreement has identified a 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 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 parties involved in this application were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Poolcom Pty Ltd. The dispute centred around the approval of the Poolcom Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement for the years 2024 to 2027. The matter was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The legal issues the court was required to address were whether the agreement met the criteria for approval under the Fair Work Act. This included examining if the agreement was made in good faith, whether it was appropriately certified, and if it complied with the provisions of the Act, particularly those relating to employee protections and procedural fairness. Additionally, the court considered if the agreement was in the best interests of the employees and if any unfair dismissal provisions were appropriately balanced.

The Fair Work Commission found that the agreement was made in good faith, was certified correctly, and complied with the Act. The Commission also determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms while maintaining procedural fairness. The court concluded that the agreement met all the necessary criteria and thus approved the enterprise agreement.

No additional orders were made by the Commission beyond the approval of the enterprise agreement. The agreement is now in effect from the specified period and will govern the employment conditions between Poolcom Pty Ltd and the union for the stipulated years.

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