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

[2024] FWCA 3043

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

(AG2024/3010)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 20 AUGUST 2024

Application for approval of the Kaycee Excavations 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 Kaycee Excavations 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 27 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Kaycee Excavations Pty Ltd, with a dispute regarding the approval of the Plumbing Enterprise Agreement 2024-2027. The application was made under the Fair Work Act 2009 to the Fair Work Commission, which was subsequently appealed to the Federal Court of Australia. The primary issue for the court to decide was whether the agreement met the criteria for approval under the Fair Work Act, including whether it contained the minimum entitlements and whether it had been genuinely agreed upon by the parties.

The court examined the provisions of the agreement and considered the evidence presented by both parties. It was noted that the agreement contained all the minimum entitlements as required by the Fair Work Act. Furthermore, the court found that the agreement had been genuinely negotiated and agreed upon by both parties. The union argued that certain clauses in the agreement were not genuinely agreed upon, but the court found that there was no evidence to support this claim. The court also considered the overall fairness of the agreement, taking into account the bargaining power of the parties and the context in which the agreement was made.

Following its analysis, the court determined that the agreement met all the necessary criteria for approval under the Fair Work Act. The court found that the agreement was fair and reasonable and had been genuinely negotiated between the parties. Consequently, the court dismissed the appeal and upheld the decision of the Fair Work Commission to approve the agreement. The court's decision was based on a careful consideration of the evidence and the relevant legal principles, and it was made in the interest of ensuring that the agreement provided for fair and reasonable terms for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established