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

[2024] FWCA 3748

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

(AG2024/4115)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 28 OCTOBER 2024

Application for approval of the Harrison Roofing 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 Harrison Roofing 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 4 November 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

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval for the Harrison Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The respondent, Harrison Roofing Pty Ltd, did not oppose the application but raised concerns regarding certain aspects of the agreement. The matter was heard in the Fair Work Commission, which is tasked with the administration and enforcement of workplace relations laws in Australia.

The central legal issues before the Commission were whether the terms of the proposed enterprise agreement complied with the applicable legislative framework, specifically the Fair Work Act 2009. Of particular importance was whether the agreement met the criteria for approval, including provisions regarding minimum wages, employee entitlements, and the protection of vulnerable workers. The Commission also had to consider the fairness and appropriateness of the agreement’s terms in the context of the broader industrial relations environment.

The Fair Work Commission assessed the agreement against the statutory requirements and found that it generally complied with the necessary provisions. The Commission acknowledged the respondent's concerns but concluded that the agreement was fair and appropriate, particularly considering the specific circumstances of the industry and the bargaining positions of the parties. The Commission also highlighted the importance of the agreement in providing a framework for future industrial relations within the plumbing sector.

The Fair Work Commission approved the Harrison Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The decision emphasised the need for the agreement to be implemented in good faith and in accordance with the terms set out in the approved document. The approval was subject to the parties adhering to the conditions and obligations as stipulated in the Fair Work Act.

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