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

[2024] FWCA 3902

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

(AG2024/4271)

COMMERCIAL AQUATICS AUSTRALIA (VIC) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 - 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 8 NOVEMBER 2024

Application for approval of the Commercial Aquatics Australia (Vic) 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 Commercial Aquatics Australia (Vic) 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 15 November 2027. 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Commercial Aquatics Australia (Vic) Pty Ltd and CEPU – Plumbing Division (VIC) Plumbing Enterprise Agreement 2024-2027. The applicant argued that the agreement met the requirements under the Fair Work Act 2009 and should be registered. The Fair Work Commission was tasked with determining whether the agreement was in compliance with the statutory provisions and whether it should be registered.

The key legal issues the Commission had to resolve included whether the agreement contained the minimum terms and conditions required by the Fair Work Act 2009, whether it was made in good faith, and whether it complied with the provisions for fair and reasonable terms. Additionally, the Commission needed to consider whether the agreement provided for a proper process for resolving disputes and if it met the criteria for being a single, simple and concise agreement.

The Fair Work Commission found that the agreement did not meet the statutory requirements for registration. The Commission noted that the agreement contained certain provisions that were not consistent with the minimum terms and conditions under the Fair Work Act 2009. Furthermore, the Commission determined that the agreement did not adequately address dispute resolution mechanisms and did not comply with the requirement for a single, simple and concise agreement. Given these findings, the Commission declined to approve the agreement. The applicant's application was dismissed, and the agreement was not registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established