| [2024] FWCA 2773 |
| 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
(AG2024/2710)
CORMACK PLUMBING SERVICE PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| COMMISSIONER LEE | MELBOURNE, 30 JULY 2024 |
Application for approval of the Cormack Plumbing Service 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 Cormack Plumbing Service 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 6 August 2024. The nominal expiry date of the Agreement is 31 October 2027.
COMMISSIONER
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2773
- Case
- [2024] FWCA 2773
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the court had to determine if the union had followed the correct processes in negotiating the agreement and if the agreement had been properly presented for approval. Substantively, the court needed to assess whether the terms of the agreement were fair and reasonable, taking into account factors such as the economic circumstances of the parties and the need for flexibility and adaptability in the industry.
The court found that the union had followed the correct procedures in negotiating the agreement, and the agreement was presented for approval in a timely manner. Regarding the substantive requirements, the court examined the terms of the agreement and concluded that they were fair and reasonable. The agreement provided for appropriate wage increases, covered necessary industry-specific conditions, and included provisions for flexibility and adaptability. The court was satisfied that the agreement would not prejudice the employees' right to take industrial action and that it met the criteria for approval under the Act.
The court approved the agreement, finding it to be in accordance with the requirements of the Fair Work Act 2009. The agreement was therefore binding on the employees of Cormack Plumbing Service Pty Ltd and the members of the union covered by the agreement. The court's decision ensures that the terms and conditions of employment for the plumbing industry in Victoria are regulated by a fair and reasonable enterprise agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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