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

[2024] FWCA 3743

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

(AG2024/4082)

TEMPRO COMMERCIAL 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 Tempro Commercial 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 Tempro Commercial 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 two clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 16.3.1: Flexible working arrangements; and
b)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

The case before the Fair Work Commission involved an application for approval of the Tempro Commercial 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, acting on behalf of the employees. The dispute centred on whether the enterprise agreement met the requirements under the Fair Work Act 2009 to be approved and registered by the Commission. The Fair Work Commission was tasked with determining if the agreement satisfied the necessary criteria, including that it facilitated the improvement of workplace relations and provided for the proper regulation of workplace conditions.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act, and if it was made in good faith. Additionally, the Commission had to consider if the agreement provided for the proper regulation of workplace conditions, and whether it facilitated the improvement of workplace relations. The Commission also had to assess whether the agreement complied with the requirements for a single-enterprise agreement, which includes that it must not discriminate against any person or class of persons on the basis of sex, marital status, pregnancy, or potential pregnancy, among other things.

After reviewing the application and the contents of the enterprise agreement, the Commission found that it contained all the mandatory terms required by the Fair Work Act and was made in good faith. The agreement provided for the proper regulation of workplace conditions, including minimum rates of pay, allowances, penalty rates, leave provisions, and other employment terms. The Commission determined that the agreement facilitated the improvement of workplace relations by promoting a cooperative and constructive relationship between the employer and employees. The agreement was found to comply with all relevant provisions of the Fair Work Act, and the application for approval was subsequently granted.

The Fair Work Commission approved and registered the Tempro Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 as a single-enterprise agreement. The decision was made in accordance with the provisions of the Fair Work Act 2009, and the agreement will now serve as the basis for the employment conditions of the covered employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established