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

[2024] FWCA 4643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2024/5001)

TOTAL INSULATION (VICTORIA) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER REDFORD	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Total Insulation (Victoria) 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 Total Insulation (Victoria) 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 (CEPU). The Agreement is a single enterprise agreement.

Clause 5.4 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 40 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.   

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The CEPU 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 CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Total Insulation (Victoria) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which is acting as the employer representative for the agreement. The agreement in question pertains to the terms and conditions of employment for employees within the plumbing sector in Victoria, as represented by the union.

The central legal issue the court had to address was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009, particularly focusing on whether it contained the necessary minimum terms as specified by the Act. This involved assessing the agreement's compliance with provisions concerning employee entitlements, conditions of employment, and other stipulated terms. The court also considered whether the agreement was genuinely negotiated and whether it adhered to procedural fairness.

In reaching its decision, the court examined the provisions of the Fair Work Act and relevant case law. It found that the agreement contained all the minimum terms required by the Act and was the product of genuine bargaining between the union and the employer. The court also confirmed that the process through which the agreement was negotiated and agreed upon was fair and transparent. Given these findings, the court approved the enterprise agreement, thereby validating its contents and confirming its applicability to the specified period.

The court's final order was the approval of the Total Insulation (Victoria) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the duration specified, providing a framework for the employment relationship between the union, the employer, and the employees within the plumbing sector in Victoria.

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