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

[2024] FWCA 2854

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

(AG2024/2795)

TANK INDUSTRIES 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 Tank Industries 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 Tank Industries 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval for the Tank Industries Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was heard by the Fair Work Commission, with the union acting as the applicant and Tank Industries Pty Ltd as the respondent. The union sought the Commission's approval of the enterprise agreement as meeting the "better-off-overall test" under the Fair Work Act 2009. This test requires that employees covered by the agreement be no worse off financially than they would be under their applicable award or registered agreement.

The primary legal issue for the Commission was whether the proposed enterprise agreement provided employees with a better overall outcome than what they would receive under their existing award or registered agreement. This involved a detailed comparison of the terms and conditions of the proposed agreement with those of the existing Plumbing Award 2010. The Commission examined various aspects including wages, leave entitlements, and other employment conditions to ensure compliance with the better-off-overall test.

After a comprehensive analysis, the Commission found that the proposed agreement did indeed meet the better-off-overall test. The union presented robust evidence demonstrating that employees would experience financial improvements under the new agreement, particularly through increased wages and other benefits. The Commission concluded that the proposed agreement was fair and met the statutory requirements for approval. As such, the Fair Work Commission approved the Tank Industries Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established