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

[2024] FWCA 2898

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

(AG2024/2865)

RAW AUSTRALIA ROOFING 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 RAW Australia Roofing 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 RAW Australia Roofing 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the CEPU – Plumbing Division (Vic), sought approval of the RAW Australia Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was heard by the Fair Work Commission, presided over by Deputy President M. O’Donnell.

The legal issues before the court centred around the fairness and appropriateness of the proposed enterprise agreement. The court was required to determine if the agreement was in the interests of the employees and the employer, and whether it complied with the relevant statutory provisions. This included an examination of the agreement’s provisions concerning wages, working conditions, and the overall fairness of the terms negotiated between the parties.

Upon review, the Deputy President found that the agreement was fair and appropriate. The court considered the process by which the agreement was negotiated, the terms and conditions outlined within the agreement, and the overall impact on the employees and employer. The Deputy President concluded that the agreement was in the best interests of the employees and the employer, and that it complied with all relevant statutory requirements. The agreement was subsequently approved by the court.

No additional orders were made beyond the approval of the enterprise agreement. The court’s decision was based on the comprehensive review of the agreement and its compliance with the Fair Work Act 2009. The Deputy President’s decision was final and binding, providing certainty for both the union and the employer moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established