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

[2024] FWCA 2957

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

(AG2024/2935)

HITECH PLUMBING INDUSTRIES (NSW) PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023-2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 12 AUGUST 2024

Application for approval of the Hitech Plumbing Industries (NSW) Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Hitech Plumbing Industries (NSW) Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027 (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 19 August 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Hitech Plumbing Industries (NSW) Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027. The application aimed to have the enterprise agreement registered under the Fair Work Act 2009. The agreement in question was negotiated between the employer and the union, representing the employees of Hitech Plumbing Industries in New South Wales. The union argued that the agreement was fair and reasonable, and met all the criteria set out in the legislation for approval.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement met the statutory requirements for approval. This included assessing whether the agreement had been made in good faith, if it contained the mandatory terms and conditions as prescribed by the Act, and if it was compliant with the provisions of the Fair Work Act. The Commission also needed to determine whether the agreement provided for appropriate dispute resolution mechanisms and whether it had been fairly and properly negotiated. The Commission's consideration extended to whether the agreement provided for the fair treatment of employees and protected their rights as stipulated by the Act.

The Commission conducted a thorough examination of the agreement, taking into account the submissions made by both the union and the employer. It found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement provided for the fair treatment of employees and protected their rights. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and that it complied with all the statutory requirements for approval. Consequently, the Fair Work Commission approved the enterprise agreement and registered it under the Fair Work Act 2009. This decision ensures that the employees of Hitech Plumbing Industries in New South Wales will be covered by the terms and conditions of the agreement, providing them with certainty and protection in their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established