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

[2024] FWCA 3742

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

(AG2024/4047)

THE TASMAN TANK COMPANY AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 28 OCTOBER 2024

Application for approval of the The Tasman Tank Company and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the The Tasman Tank Company and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 - 2026 (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 three clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 44.2: Public holidays;
b)Clause 46.1.2: Personal/carer’s leave; and
c)Clause 49.2: Long service 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 5.3), 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 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to the Fair Work Commission for the approval of the Tasman Tank Company and CEPU Plumbing Division Mechanical Union Collective Agreement 2023-2026. The dispute centred around the compliance of the proposed agreement with relevant Australian labour laws, specifically those pertaining to minimum wage rates, conditions of employment, and other essential employment terms. The Fair Work Commission was tasked with assessing whether the collective agreement met the legal standards and could be approved under the Fair Work Act.

The central legal issues before the Commission were whether the agreement provided fair and reasonable terms for employees, complied with the mandated minimum standards, and adhered to the procedural requirements for approval. The Commission had to scrutinise various aspects of the agreement, including wage rates, penalty rates, hours of work, leave provisions, and other employment conditions, to ensure they were in line with the statutory framework. Furthermore, the Commission considered whether the agreement had been genuinely negotiated between the employer and the union, and whether it had been appropriately presented to the employees for their consideration.

After thorough examination, the Commission determined that the collective agreement was in compliance with the Fair Work Act and met the necessary criteria for approval. The agreement was found to provide fair and reasonable terms for employees, with wage rates and conditions that aligned with the legal minimum standards. The Commission was satisfied that the agreement had been genuinely negotiated and that the union had adequately informed and consulted with its members. Consequently, the Fair Work Commission approved the Tasman Tank Company and CEPU Plumbing Division Mechanical Union Collective Agreement 2023-2026, allowing it to take effect from the specified commencement date. This decision confirmed the agreement's legality and suitability for implementation within the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established