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

[2024] FWCA 2900

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

(AG2024/2867)

AJL (AUST) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING/INSULATION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 6 AUGUST 2024

Application for approval of the AJL (Aust) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the AJL (Aust) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation 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.

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 13 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and AJL (Aust) Pty Ltd, the Fair Work Commission was called upon to approve the Plumbing/Insulation Enterprise Agreement 2024-2027 between the parties. The union, representing employees in the plumbing and insulation sectors, and the employer, AJL (Aust) Pty Ltd, sought to finalise terms of employment over the next three years. The primary dispute centred on the fairness and suitability of the proposed agreement, including wages, working conditions, and other employment terms.

The court had to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly ensuring it did not adversely affect employees. This involved scrutinising the agreement to see if it met the "better off overall test" and whether it was free from provisions that would place employees at a disadvantage compared to the applicable award or safety net. The court also needed to assess if the agreement provided a fair and efficient process for resolving disputes and addressed matters relevant to the industry.

The Fair Work Commission, in its decision, found that the agreement met the statutory requirements and did not disadvantage employees. The court noted the extensive consultation process between the union and the employer, which led to a comprehensive agreement that considered the needs of both parties. The agreement was deemed to provide a fair and efficient means of resolving disputes and was consistent with the protections afforded by the Fair Work Act. The commission approved the agreement, emphasising its balanced approach to the interests of both employers and employees.

The final orders of the commission included the approval of the Plumbing/Insulation Enterprise Agreement 2024-2027 between the union and the employer. The agreement was to be registered under the Fair Work Act, effective from the date of the decision. This approval ensures that the terms of employment are legally binding and provides a framework for industrial relations within the specified industries for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established