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

[2024] FWCA 2971

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

(AG2024/2955)

C1 BUILDING SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 12 AUGUST 2024

Application for approval of the C1 Building Solutions 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 C1 Building Solutions 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 19 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and C1 Building Solutions Pty Ltd (the Employer). The Union sought approval for the C1 Building Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was heard in the Fair Work Commission. The central legal issue was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the "better off overall test" and whether it was made in accordance with the relevant provisions of the Act.

The Fair Work Commission examined the proposed agreement to assess if it provided employees with terms and conditions that were at least as good as those provided by the relevant award or safety net. The Commission also considered if the agreement was made without coercion and if it contained the required minimum terms and conditions. The Union argued that the agreement was beneficial to employees, while the Employer contested certain provisions, claiming they were overly restrictive. The Commission reviewed the evidence and submissions from both parties before reaching its decision.

After thorough deliberation, the Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission was satisfied that the agreement provided employees with terms and conditions that were at least as good as those provided by the relevant award or safety net. The Commission also concluded that the agreement was made without coercion and contained the necessary minimum terms and conditions. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the C1 Building Solutions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. This decision is significant for the parties involved, as it formalises the terms and conditions for employees under the agreement, providing legal certainty and a framework for future industrial relations between the Union and the Employer.

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