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

[2024] FWCA 2965

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

(AG2024/2911)

INDUSTRIAL PROJECTS TEAM 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 Industrial Projects Team 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 Industrial Projects Team 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 and Industrial Projects Team Pty Ltd. The union sought approval for the Plumbing Enterprise Agreement 2024 – 2027. The Fair Work Commission heard the matter. The union argued that the agreement was fair and reasonable, meeting all statutory requirements. The employer, on the other hand, contested the application, citing concerns over certain provisions of the agreement.

The primary legal issues before the Commission were whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable. The Commission had to assess the agreement's terms and conditions against the criteria set out in the Fair Work Act 2009. Specifically, it needed to determine if the agreement was free from coercion and undue influence, if it provided for appropriate dispute resolution mechanisms, and if it met the requirements for employee representation and consultation.

The Commission carefully examined the agreement and found that it met all statutory requirements. It concluded that the agreement was fair and reasonable, taking into account the nature of the work and the interests of both parties. The Commission noted that the agreement provided for appropriate dispute resolution mechanisms and ensured adequate employee representation. It also found that the agreement was free from coercion and undue influence. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for approval.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2024 – 2027 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Industrial Projects Team Pty Ltd. The decision confirmed that the agreement complied with all relevant legislative requirements and was fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established