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

[2024] FWCA 2745

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

(AG2024/2670)

MATTERHORN REFRIGERATION & AIR CONDITIONING SERVICES AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 26 JULY 2024

Application for approval of the Matterhorn Refrigeration & Air Conditioning Services and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Matterhorn Refrigeration & Air Conditioning Services 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Matterhorn Refrigeration & Air Conditioning Services and CEPU – Plumbing Division (Vic) against the employer, Matterhorn Refrigeration & Air Conditioning Services. The union sought approval of the enterprise agreement for the period 2024-2027, which had been negotiated with the employer. The central issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including the provisions for enterprise agreements and the process for approval.

The Fair Work Commission examined whether the agreement provided for a fair and efficient workplace and whether it complied with the procedural requirements for approval. This included verifying that the agreement had been made in good faith, that it met the "better off overall test", and that the union had provided the employer with a protected industrial action certificate. The Commission also assessed the agreement against the provisions for fair work objectives and whether it included appropriate mechanisms for dispute resolution and flexibility.

In reaching its decision, the Fair Work Commission found that the agreement satisfied all the necessary statutory criteria. The agreement was deemed to meet the "better off overall test", providing employees with appropriate pay and conditions that were fair and reasonable. The Commission further found that the union had properly certified the agreement and that it included appropriate provisions for dispute resolution and flexibility. The Commission was satisfied that the agreement promoted the fair work objectives as outlined in the Act, including by providing for a fair and efficient workplace, and therefore approved the agreement.

The Fair Work Commission approved the Matterhorn Refrigeration & Air Conditioning Services and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027, effective from the date of the decision. This decision ensures that the employees covered by the agreement will have their terms and conditions of employment governed by the approved agreement, subject to the provisions and protections afforded under the Fair Work Act.

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