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

[2024] FWCA 2848

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

(AG2024/2791)

E & S MECHANICAL & PLUMBING SERVICES 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 E & S Mechanical & Plumbing Services 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 E & S Mechanical & Plumbing Services 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 and E & S Mechanical & Plumbing Services Pty Ltd, the Fair Work Commission was called upon to determine whether the Plumbing Enterprise Agreement 2024 – 2027 should be approved. The agreement, negotiated between the union and the employer, sought to govern the terms and conditions of employment for employees within the plumbing division of the company.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning minimum entitlements and the process by which the agreement was made. The union argued that the agreement was fair and reasonable, while the employer highlighted certain clauses that they believed were not in line with legislative requirements.

The Commission undertook a thorough examination of the agreement, focusing on its compliance with the statutory minimum standards and whether the bargaining process was genuine. The Commission found that, while there were minor issues with some clauses, the overall agreement met the necessary legislative requirements. The process of negotiation was deemed to be genuine, and the agreement was approved with minor modifications to address the identified issues.

The final order of the Commission was that the Plumbing Enterprise Agreement 2024 – 2027, subject to the specified modifications, would be approved and registered as a valid enterprise agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established