| [2024] FWCA 2946 |
| 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
(AG2024/2889)
ALLPRO PLUMBING SOLUTIONS PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023-2027
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 9 AUGUST 2024 |
Application for approval of the Allpro Plumbing Solutions 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 Allpro Plumbing Solutions 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 16 August 2024. The nominal expiry date of the Agreement is 30 September 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE525756 PR778195>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2946
- Case
- [2024] FWCA 2946
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval. Specifically, the Commission had to consider if the agreement provided for fair terms and conditions, including minimum rates of pay, overtime, penalty rates, leave, and other entitlements. The Commission also had to determine if the agreement was consistent with the Fair Work Act and the Fair Work Regulations, and if it was negotiated in good faith.
The Commission found that the agreement contained terms and conditions that were fair and reasonable, providing adequate protection for employees. The agreement included provisions for minimum rates of pay, overtime, penalty rates, and leave, which complied with the relevant laws and regulations. The Commission was satisfied that the agreement was negotiated in good faith and that it met all statutory requirements for approval. The Commission concluded that the agreement should be approved as it provided for fair and reasonable terms and conditions for employees and did not undermine the safety net of entitlements provided by the Fair Work Act.
The Fair Work Commission approved the Allpro Plumbing Solutions Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027, effective from the date of the decision. The Commission's decision provides certainty for both employers and employees and ensures that the agreement provides for fair and reasonable terms and conditions of employment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.