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

[2024] FWCA 3767

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

(AG2024/3619)

O.P. INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH REGIONAL VICTORIA/BORDER ENTERPRISE AGREEMENT 2024 - 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 29 OCTOBER 2024

Application for approval of the O.P. Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Regional Victoria/Border Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the O.P. Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Regional Victoria/Border 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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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 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 5 October 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the matter before the court was an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and O.P. Industries Pty Ltd. The application was made by the union on behalf of its members working in the plumbing division in Regional Victoria and the Border region. The agreement in question covers the period from 2024 to 2027. The dispute centred on whether the enterprise agreement met the necessary legal requirements under the Fair Work Act 2009, specifically whether it contained the mandated minimum terms and conditions and was free from any unfair content.

The court was required to determine whether the proposed agreement met the statutory criteria for approval. This involved an examination of the agreement to ensure it contained the minimum terms and conditions prescribed by the Fair Work Act 2009, and that it did not include any unfair provisions that could potentially disadvantage employees. The court also had to consider whether the agreement was made in good faith and whether the union had adequately represented its members in the negotiation process.

The court examined the provisions of the agreement and found that it included all the mandated minimum terms and conditions. It also found that there were no unfair provisions that would prejudice the employees. The court was satisfied that the agreement was made in good faith and that the union had adequately represented its members. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the O.P. Industries Pty Ltd and CEPU – Plumbing Division Victorian Branch Regional Victoria/Border Enterprise Agreement 2024 - 2027 be approved and registered under the Fair Work Act 2009. This decision effectively formalised the agreement, making it binding on the parties and their respective members.

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