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

[2024] FWCA 2891

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

(AG2024/2836)

D BENNETT PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023-2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 6 AUGUST 2024

Application for approval of the D Bennett Plumbing 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 D Bennett Plumbing 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 13 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

The matter before the Fair Work Commission involved an application for approval of the D Bennett Plumbing Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027. The dispute centred around whether the proposed enterprise agreement met the necessary legal requirements under the Fair Work Act 2009. The parties involved were the employer, represented by D Bennett Plumbing Pty Ltd, and the employees, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Commission was tasked with determining if the agreement should be approved and registered.

The primary legal issues the Commission had to resolve included whether the agreement provided for the minimum terms and conditions mandated by the Fair Work Act, and whether it was made in good faith and through proper bargaining processes. The Commission also needed to assess if the agreement met the criteria for being a single, indivisible agreement and if it contained terms that were fair and reasonable. Furthermore, the Commission had to ensure that the agreement did not adversely affect employees' safety, health, or welfare.

After careful consideration of the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement met all the necessary legal requirements. The Commission concluded that the agreement provided for the minimum terms and conditions as required by the Act, was made in good faith, and through proper bargaining processes. The agreement was deemed to be a single, indivisible document and was considered fair and reasonable. The Commission also determined that the agreement did not adversely affect the safety, health, or welfare of the employees.

Consequently, the Fair Work Commission approved the D Bennett Plumbing Pty Ltd and CEPU - Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2023-2027, ordering that it be registered with the Fair Work Ombudsman. The agreement was to commence on the date of the approval and would remain in effect until the expiration date of 30 June 2027, or until terminated in accordance with the terms of the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established