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

[2024] FWCA 3487

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

(AG2024/3740)

LIFE AIRCON PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2023-2027

Miscellaneous
COMMISSIONER JOHNS	MELBOURNE, 3 OCTOBER 2024

Application for approval of the Life Aircon Pty Ltd and CEPU Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Life Aircon Pty Ltd and CEPU Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027 (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.

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 10 October 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case 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 Life Aircon Pty Ltd and CEPU Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027. The union sought to have the agreement registered with the Fair Work Commission as a registered agreement under the Fair Work Act 2009. The employer, Life Aircon Pty Ltd, did not oppose the application, but the CEPU Plumbing Division NSW Branch Mechanical (Sheetmetal) opposed the application on the basis that the agreement did not comply with certain provisions of the Act.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. In particular, the union needed to demonstrate that the agreement had been made in good faith and that it contained certain minimum terms and conditions of employment, including the minimum rates of pay, leave entitlements, and other benefits. The Commission also needed to consider whether the agreement complied with the provisions of the Act relating to the bargaining process and the content of the agreement.

In considering the application, the Commission noted that the agreement contained all of the required minimum terms and conditions of employment and that it had been made in good faith. The Commission also found that the bargaining process had been conducted in accordance with the provisions of the Act and that the agreement was not contrary to any relevant public policy considerations. Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009. The union's application was therefore successful.

The Commission's decision was based on a careful consideration of the provisions of the Fair Work Act 2009 and the evidence presented by the parties. The Commission found that the agreement met all of the requirements of the Act and that it was in the best interests of the employees and employers covered by the agreement. The Commission's decision provides important guidance for unions and employers on the requirements for the approval of enterprise agreements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established