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

[2024] FWCA 2749

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

(AG2024/2656)

KPI LABOUR HIRE PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2024

Application for approval of the KPI Labour Hire 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 KPI Labour Hire 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 2 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 for the approval of a new enterprise agreement between KPI Labour Hire Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division (Vic). The agreement in question, the KPI Labour Hire Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, was submitted for consideration under the provisions of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of Australian labour law and if its terms were fair and reasonable for the employees covered by the agreement.

The central legal issues the court had to resolve included whether the agreement met the statutory requirements for enterprise agreements, including the 'better off overall test', and if the agreement was made in good faith and without coercion. The court needed to examine if the agreement provided fair terms and conditions of employment and if it adhered to the procedural requirements outlined in the Fair Work Act. Additionally, the court considered whether the agreement was consistent with the national minimum standards and if it contained any unfair terms that might contravene the law.

In examining the agreement, the Fair Work Commission found that it complied with the necessary statutory requirements. The commission noted that the agreement included provisions for wages, hours of work, leave entitlements, and other employment conditions that were fair and reasonable. The commission was satisfied that the agreement was made in good faith and without coercion and that it provided employees with a better overall package than the existing conditions. The commission approved the agreement, noting that it met the necessary thresholds for a fair and balanced enterprise agreement under Australian labour law.

The Fair Work Commission subsequently approved the KPI Labour Hire Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. This decision was made on the basis that the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement and complied with all relevant statutory requirements. The commission confirmed that the agreement would be registered and would come into effect on the specified date, providing a new framework for the employment conditions of the workers involved.

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