| [2024] FWCA 2902 |
| 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
(AG2024/2874)
HARCOURT PLUMBING SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 6 AUGUST 2024 |
Application for approval of the Harcourt Plumbing Services 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 Harcourt Plumbing Services 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.
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
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2902
- Case
- [2024] FWCA 2902
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the commission had to address were whether the agreement was made in good faith, whether it had been appropriately negotiated, and whether the terms of the agreement complied with the provisions of the Fair Work Act. Specifically, the commission examined the process through which the agreement was negotiated and whether it was fair and reasonable in all respects. Additionally, the commission scrutinised the substantive terms of the agreement, including the provisions relating to wages, hours of work, leave entitlements, and other employment conditions.
In considering these issues, the commission noted the evidence presented by both parties, including witness statements and documentary evidence. The commission found that the bargaining process was conducted in good faith and that the agreement was fair and reasonable in all respects. The commission highlighted that the agreement provided for a balanced distribution of benefits and obligations between the parties and that it complied with the relevant provisions of the Fair Work Act. The commission was satisfied that the agreement met the statutory requirements for approval and did not contain any terms that were contrary to the public interest.
Accordingly, the commission approved the Harcourt Plumbing Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, subject to the terms and conditions specified in the order. The agreement will now apply to the employees of Harcourt Plumbing Services Pty Ltd and will be registered with the Fair Work Commission.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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