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

[2024] FWCA 2874

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

(AG2024/2826)

AEDY CONSTRUCTIONS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 5 AUGUST 2024

Application for approval of the Aedy Constructions 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 Aedy Constructions 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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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 12 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 this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU – Plumbing Division (Vic), applied to the Fair Work Commission for approval of the Aedy Constructions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was brought in accordance with the Fair Work Act 2009, and the case was heard by Deputy President J. W. R. Clarke and Commissioner R. J. Smith. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it was fair and reasonable in all its terms.

The primary legal issues the court had to decide were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements of the Fair Work Act, and whether the terms of the agreement were fair and reasonable. The court had to consider whether the agreement was negotiated in good faith, whether it covered a genuine enterprise, and whether the parties had made a genuine attempt to reach an agreement. Additionally, the court examined whether the agreement contained any unfair terms and whether it provided for a safety net of minimum wages and conditions.

The court found that the application for approval was made in accordance with the requirements of the Fair Work Act. The Deputy President and Commissioner concluded that the agreement was a genuine enterprise agreement, that it complied with all procedural requirements, and that it was fair and reasonable in all its terms. The agreement was negotiated in good faith, it covered a genuine enterprise, and the parties had made a genuine attempt to reach an agreement. The court found that the agreement did not contain any unfair terms and that it provided for a safety net of minimum wages and conditions. Therefore, the Fair Work Commission approved the agreement.

The Fair Work Commission approved the Aedy Constructions Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The approval took effect from the date of the decision and will remain in force until 30 June 2027 or until it is replaced by another approved enterprise agreement. The agreement will apply to all employees of Aedy Constructions Pty Ltd who are members of the CEPU – Plumbing Division (Vic).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established