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

[2024] FWCA 3086

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

(AG2024/3086)

MD LAGGING PROFESSIONAL GROUP AND CEPU – PLUMBING DIVISION (VIC) PLUMBING/INSULATION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2024

Application for approval of the MD Lagging Professional Group 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 MD Lagging Professional Group 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 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 30 August 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 this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the MD Lagging Professional Group and CEPU - Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027. The application was brought before the Fair Work Commission, with the union seeking formal endorsement of the agreement between the employer and the unionised employees. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. Additionally, the Commission needed to ensure that the agreement did not discriminate against any employee or class of employees and that it complied with any applicable modern awards.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed enterprise agreement was fair and reasonable. The Commission noted that the agreement was the result of good faith bargaining and contained provisions that were consistent with the principles of the Fair Work Act. The terms and conditions of the agreement were deemed to be equitable and did not result in any form of discrimination. Furthermore, the Commission found that the agreement did not exceed the scope of the modern awards applicable to the employees. Consequently, the Commission approved the agreement.

In light of the findings, the Fair Work Commission approved the MD Lagging Professional Group and CEPU - Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027. The agreement will now serve as the basis for the employment terms and conditions of the unionised employees for the specified period.

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