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

[2024] FWCA 3156

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

(AG2024/3131)

VIC LAGGING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING/INSULATION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 30 AUGUST 2024

Application for approval of the VIC Lagging Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the VIC Lagging Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation 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 6 September 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees, and VIC Lagging Pty Ltd, a plumbing business, sought approval for a proposed enterprise agreement. The dispute centred around the terms and conditions of employment within the plumbing industry, specifically addressing wages, working hours, and other employment-related matters.

The central legal issue before the Commission was whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly whether it complied with the provisions regarding the fairness and minimum standards of the agreement. This included an assessment of whether the agreement provided for fair and reasonable terms and conditions of employment and whether it met the 'better off overall test' for employees.

The Commission examined the proposed agreement, considering its alignment with the statutory requirements. It took into account the bargaining positions of both parties, the bargaining processes, and the outcomes of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, met the 'better off overall test', and complied with the statutory provisions. Consequently, the Commission approved the proposed enterprise agreement, ensuring it would become legally binding between the parties.

The Fair Work Commission ordered that the VIC Lagging Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027 be approved and registered, effective from the date of the decision. The agreement, as approved, would govern the employment terms and conditions for the specified period between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established