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

[2024] FWCA 3030

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

(AG2024/3046)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 19 AUGUST 2024

Application for approval of the PO Insulation 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 PO Insulation 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 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 26 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for approval of an enterprise agreement with PO Insulation Pty Ltd. The dispute centred around the terms and conditions of the proposed agreement, specifically for the Plumbing/Insulation Enterprise Agreement 2024 – 2027. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issues before the Commission were whether the agreement was in the public interest and whether it adhered to the Fair Work Act 2009. The Commission had to assess if the agreement complied with the procedural requirements, including the provision of necessary information to the employees and whether the union had followed proper processes in negotiating the agreement. Furthermore, the Commission needed to consider whether the agreement provided for fair and reasonable terms for the employees and employers, and whether it met the criteria for being in the public interest.

The Commission examined the application and found that the agreement was negotiated in good faith and followed the necessary procedures. The Commission was satisfied that the agreement contained terms and conditions that were fair and reasonable for both employees and employers. The Commission concluded that the agreement was likely to promote workplace harmony and economic efficiency, thereby being in the public interest. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission granted approval for the PO Insulation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027, effective from the date of the decision. This decision will now form the basis of employment terms and conditions between the union, the employer, and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established