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

[2024] FWCA 2852

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

(AG2024/2808)

G-FORCE RECRUITMENT LTD AND CEPU-PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2024

Application for approval of the G-Force Recruitment 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 G-Force Recruitment 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the CEPU-Plumbing Division (Vic), and G-Force Recruitment Ltd. The dispute centred on the application for approval of the G-Force Recruitment Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of the bargaining process, content, and the fairness of the terms. The Commission needed to ensure that the agreement was genuinely negotiated, that it did not contain terms that were contrary to public policy, and that it met the criteria for registration under the Act.

The Fair Work Commission examined the evidence provided by both parties and assessed the agreement against the statutory provisions. The Commission found that the agreement had been genuinely negotiated, that it contained no terms that were contrary to public policy, and that it met all the criteria for approval. The Commission approved the agreement, noting that it provided a fair and reasonable set of terms and conditions for the employees covered by it.

The Fair Work Commission approved the G-Force Recruitment Ltd and CEPU-Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, recognising it as a valid and binding agreement between the parties. This decision ensures that the terms of the agreement will apply to the employees covered by it for the duration 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