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

[2024] FWCA 2855

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

(AG2024/2797)

SYFON SYSTEMS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2024

Application for approval of the Syfon Systems 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 Syfon Systems 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 9 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 Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Syfon Systems Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union sought to have the agreement certified as a registered agreement under the Fair Work Act 2009, which would allow it to be enforceable against the employer and its employees. The dispute centred on whether the agreement met all the legal requirements for registration, including the process through which it was negotiated and the extent to which it provided for fair and reasonable terms for the employees.

The primary legal issues addressed by the Commission involved the fairness and reasonableness of the agreement, as well as the procedural requirements for its negotiation and approval. The Commission had to examine whether the agreement was genuinely negotiated between the union and the employer, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission considered whether the union had followed the correct procedures in seeking approval of the agreement. These included whether the union had given adequate notice to the employer and employees, and whether the agreement had been properly communicated to the employees.

In reaching its decision, the Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The union had followed the correct procedures in seeking approval of the agreement, including providing adequate notice to the employer and employees, and communicating the agreement to the employees. The Commission also noted that the agreement included provisions for the resolution of disputes, which was a positive feature. On the basis of these findings, the Commission approved the agreement, which will now be a registered agreement under the Fair Work Act 2009.

The final orders of the Commission were that the Syfon Systems Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved as a registered agreement, effective from the date of the Commission's decision. The agreement will now be enforceable against the employer and its employees, and will provide a framework for the terms and conditions of employment for the employees covered by 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