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

[2024] FWCA 4323

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

(AG2024/4649)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 5 DECEMBER 2024

Application for approval of the PAD Contracting 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 PAD Contracting 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 terms 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 12 December 2024. 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 matter before the Fair Work Commission involved an application for the approval of the Plumbing Enterprise Agreement between PAD Contracting Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2024 to 2027. The union sought approval for the agreement under the Fair Work Act 2009, asserting that the agreement had been fairly and appropriately negotiated and met the requirements for registration. The employer did not contest the fairness of the negotiations but raised concerns about certain clauses within the agreement.

The key legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act and whether any provisions within the agreement were inconsistent with the Act. Specifically, the Commission needed to determine if the agreement was genuinely a product of negotiation, contained mandatory terms, and was free from any elements that could be deemed unfair or contrary to public policy.

In its decision, the Commission found that the agreement was indeed a genuine product of negotiation, with evidence provided showing robust and meaningful bargaining between the parties. The Commission also determined that the mandatory terms within the agreement were fair and reasonable, addressing the needs of both employees and employers. Furthermore, the Commission found no provisions that were inconsistent with the Act or public policy. As a result, the Commission approved the agreement, emphasising its importance in providing a stable and fair working environment for employees within the specified period.

The Fair Work Commission approved the PAD Contracting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, and it was registered accordingly.

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