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

[2024] FWCA 3134

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

(AG2024/3171)

PIPEFREEZER VICTORIA PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2024

Application for approval of the Pipefreezer Victoria 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 Pipefreezer Victoria 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 the 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 5 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

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who applied for approval of the Pipefreezer Victoria Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was made under section 231 of the Fair Work Act 2009. The nature of the dispute was procedural, focusing on whether the agreement met the legal requirements for registration and approval.

The court was tasked with determining whether the application for approval of the enterprise agreement was properly made, if the agreement was fairly and properly negotiated, and if the agreement complied with the statutory requirements under the Fair Work Act 2009. Additionally, the court needed to consider if the agreement met the criteria for a single, indivisible, and integrated whole.

The court examined the application process and found that the union had properly initiated the application for approval. The court also reviewed the negotiation process and concluded that the agreement had been fairly and properly negotiated between the employer and the union. Furthermore, the court found that the agreement complied with all statutory requirements and was a single, indivisible, and integrated whole. Consequently, the court approved the application and registered the enterprise agreement.

The court's final orders were that the Pipefreezer Victoria Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved and registered under section 231 of the Fair Work Act 2009. The agreement was to be in effect from 1 January 2024 and would remain in force until 31 December 2027, unless terminated earlier in accordance with the terms of the agreement.

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