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

[2024] FWCA 2864

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

(AG2024/2793)

NSG PLUMBING 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 NSG Plumbing 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 NSG Plumbing 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 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

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for approval of the Plumbing Enterprise Agreement 2024 – 2027 between NSG Plumbing Pty Ltd and the CEPU – Plumbing Division (Vic). The application was made under the Fair Work Act 2009 (Cth) and required the court to determine whether the agreement met the necessary criteria for approval.

The central legal issue was whether the agreement satisfied the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions, and must not include any terms that are contrary to public policy. The court had to consider whether the agreement appropriately balanced the interests of the employer and the employees, and whether any provisions within it were unlawful or unfair.

The court found that the agreement was fair and reasonable, as it contained provisions that addressed key employment issues such as wages, working hours, leave entitlements, and dispute resolution mechanisms. It was noted that the agreement had been negotiated in good faith and reflected a fair compromise between the parties. The court was satisfied that the agreement did not include any terms that were contrary to public policy and therefore met the necessary criteria for approval under the Fair Work Act.

Consequently, the court approved the NSG Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The decision was made on the basis that the agreement was fair and reasonable, and did not contravene any relevant legislation or public policy considerations.

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