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

[2024] FWCA 3095

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

(AG2024/3130)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2024

Application for approval of the Ofinac 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 Ofinac 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 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 matter before the Fair Work Commission involved an application for the approval of the Ofinac Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union representing the employees, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, filed the application, seeking the Fair Work Commission's approval of the agreement, which outlines the terms and conditions of employment for the employees of Ofinac Pty Ltd. The company, Ofinac Pty Ltd, and the union, CEPU – Plumbing Division (Vic), negotiated the agreement, which was subject to the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009. The court needed to assess if the agreement covered the necessary minimum terms and conditions, if it was made in good faith, and if the agreement provided for proper processes for resolving disputes. Additionally, the court had to determine if the agreement was consistent with the public interest and if it provided for fair and reasonable terms and conditions for the employees.

In making its decision, the Fair Work Commission considered the submissions from both parties and the evidence presented. The court found that the agreement met the statutory requirements of the Fair Work Act 2009. It included all the necessary minimum terms and conditions, was made in good faith, and provided for appropriate processes for resolving disputes. The court further found that the agreement was consistent with the public interest and provided fair and reasonable terms and conditions for the employees. Consequently, the Fair Work Commission approved the Ofinac Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, subject to certain conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established