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

[2024] FWCA 2733

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

(AG2024/2652)

AUSTRALIAN HEIGHT SAFETY SERVICES AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 25 JULY 2024

Application for approval of the Australian Height Safety 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 Australian Height Safety 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 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 1 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 application before the court was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Height Safety Services and CEPU – Plumbing Division (Vic). The union sought approval of the Enterprise Agreement between the two parties, covering the period 2024 to 2027. The nature of the dispute was the procedural fairness and the substantive fairness of the agreement, including the terms and conditions it proposed for the employees.

The legal issues the court had to address were primarily whether the agreement was made in accordance with the applicable laws and whether it was fair and reasonable. This involved examining the negotiation process to ensure that it was conducted in good faith and that there was no coercion. The court also had to determine if the terms of the agreement were fair and reasonable, taking into account the economic circumstances of the parties and the impact on the employees.

The court found that the negotiation process was conducted appropriately, with evidence of genuine bargaining and no coercion. It also found that the terms of the agreement were fair and reasonable, considering the economic context and the impact on employees. The agreement provided for appropriate wage increases, benefits, and working conditions that were commensurate with the industry standards and the economic environment. The court concluded that the agreement met the statutory requirements and was in the best interests of the employees.

The court approved the Enterprise Agreement, allowing it to come into effect as planned. This decision provided certainty for the parties involved and ensured that the employees would benefit from the agreed terms and conditions. The approval was subject to the conditions and the specific terms outlined in the agreement, which the court found to be fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established