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

[2024] FWCA 2815

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

(AG2024/2701)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 31 JULY 2024

Application for approval of the Manson Plumbing (Vic) 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 Manson Plumbing (Vic) 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 the 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 7 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, on behalf of the CEPU – Plumbing Division (Vic), and Manson Plumbing (Vic) Pty Ltd for approval of the Plumbing Enterprise Agreement 2024 – 2027. This application followed the agreement's negotiation and was subject to the provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the formal requirements for approval under the Fair Work Act and if it contained provisions that were in the best interests of the employees, including whether it allowed for fair and reasonable terms of employment. Specifically, the Commission had to assess the agreement's compliance with the "better off overall test" to ensure that the employees would not be worse off financially or in terms of working conditions compared to their previous arrangements.

In determining the application, the Commission considered the evidence presented by both parties, the fairness of the terms, and the compliance of the agreement with the statutory requirements. The Commission found that the agreement satisfied the formal requirements of the Act and met the "better off overall test". It was noted that the agreement provided for reasonable pay and conditions, and the benefits to the employees outweighed any potential disadvantages. The Commission approved the agreement, recognising its provisions as fair and in the best interests of the employees. Consequently, the agreement was authorised to become effective from the specified date, subject to the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established