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

[2024] FWCA 3009

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

(AG2024/2993)

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

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 15 AUGUST 2024

Application for approval of the Millstech Services 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 Millstech Services 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 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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave – stillbirth.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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 22 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 case involves an application for the approval of a new enterprise agreement between Millstech Services Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2024 to 2027. The application was brought before the Fair Work Commission, which is the body responsible for approving such agreements under Australian industrial law. The dispute centres on whether the proposed agreement meets the necessary legal standards and protections required by the Fair Work Act 2009. Specifically, the court had to determine if the agreement provides fair and reasonable terms for the employees and if it adheres to the procedural requirements for approval.

The legal issues at hand primarily revolved around whether the agreement contained all the mandatory terms required by the Fair Work Act and if the process by which the agreement was reached was fair and lawful. This includes ensuring that the agreement was not only negotiated in good faith but also that it provides adequate protections for employees, including minimum wages and conditions. The court also had to consider whether the agreement met the 'better off overall test', ensuring that the terms of the agreement are at least as favourable to the employees as the previous agreement or the applicable award.

In reaching its decision, the Fair Work Commission examined the content of the proposed agreement in detail, assessing each clause against the statutory requirements. The Commission found that the agreement met all the mandatory terms and that it had been negotiated in good faith. The Commission also concluded that the agreement satisfied the better off overall test, as it provided employees with terms and conditions that were at least as good as those previously in place. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act.

The final orders of the Commission were to approve the Millstech Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, confirming that it meets the necessary legal standards and can be implemented as intended. This approval ensures that the agreement can be used to govern the terms and conditions of employment for the employees covered by the agreement 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