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

[2024] FWCA 3101

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

(AG2024/3146)

COMMTECH COMMISSIONING TECHNOLOGIES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2024

Application for approval of the Commtech Commissioning Technologies 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 Commtech Commissioning Technologies 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 2 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 recent case concerning the approval of the Commtech Commissioning Technologies Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, the Fair Work Commission was tasked with reviewing the proposed enterprise agreement to determine whether it should be approved. The application for approval was made by the CEPU – Plumbing Division (Vic) under the Fair Work Act 2009. The agreement, if approved, would apply to employees of Commtech Commissioning Technologies Pty Ltd who are members of the union.

The primary legal issues the Commission had to address were whether the agreement met the requirements of the Fair Work Act, including ensuring it did not adversely affect employees' safety, health, or welfare, and whether it provided for the lawful, reasonable and just terms and conditions of employment. The Commission also needed to assess whether the agreement provided for a proper balance between the rights and obligations of the employer and employees, and whether it was consistent with the overarching principles of the Fair Work Act, such as the protection of vulnerable employees.

After carefully considering the arguments presented by both the union and the employer, the Commission concluded that the agreement did not meet the requirements of the Fair Work Act. The Commission found that certain provisions in the agreement could potentially compromise employee safety and welfare, and did not provide a fair balance between the rights and obligations of the parties involved. As a result, the Commission decided not to approve the enterprise agreement. The reasoning focused on the importance of protecting employees' safety and ensuring that any agreement reached did not undermine their health and welfare.

The Commission's decision brings to a close this particular application for approval, and the enterprise agreement will not proceed as proposed. The decision underscores the importance of enterprise agreements being thoroughly vetted to ensure they align with the fundamental principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established