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

[2024] FWCA 2681

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

(AG2024/2581)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 19 JULY 2024

Application for approval of the Corbritt Airconditioning 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 Corbritt Airconditioning 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 26 July 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 parties involved in this application were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Corbritt Airconditioning Pty Ltd. The nature of the dispute was regarding the approval of a proposed enterprise agreement between the union and the company, specifically the Corbritt Airconditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace, took into account the needs of small businesses, and included provisions that were free from any unfair content. The Commission also needed to consider whether the agreement was negotiated in good faith and whether it included appropriate dispute resolution mechanisms.

The Fair Work Commission concluded that the proposed agreement was fair and efficient, taking into account the needs of small businesses. The Commission found that the agreement contained appropriate provisions for employee entitlements, including wages, hours of work, and leave, and that it provided for effective dispute resolution mechanisms. The Commission was satisfied that the agreement had been negotiated in good faith and that it did not include any unfair content. Therefore, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Corbritt Airconditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, subject to certain conditions. The agreement will now be registered and will come into effect on the date specified in the agreement. The Commission's decision provides certainty for both the union and the company, and ensures that the agreement provides for a fair and efficient workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established