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

[2024] FWCA 3088

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

(AG2024/3101)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2024

Application for approval of the ITI Group 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 ITI Group 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 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

The union and employer parties filed an application with the Fair Work Commission seeking approval of a new enterprise agreement. The union involved is the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the employer is the ITI Group Pty Ltd, for employees in the plumbing and insulation sector. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key issues before the Commission were whether the agreement had been made in good faith, whether it complied with the process requirements, and whether it contained the necessary minimum terms and conditions of employment. The union argued that the agreement was fair and reasonable, while the employer contended that it was necessary for the business to remain competitive.

The Commission found that the agreement had been made in good faith and complied with the process requirements. It also found that the agreement contained the necessary minimum terms and conditions of employment and did not have any provisions that were contrary to public policy. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties.

The Fair Work Commission approved the application and the enterprise agreement between the union and employer parties is now in effect. The agreement sets out the terms and conditions of employment for employees in the plumbing and insulation sector and will remain in force until 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established