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

[2024] FWCA 2664

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

(AG2024/2559)

CPS NSW PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JULY 2024

Application for approval of the CPS NSW Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the CPS NSW Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 18 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for an enterprise agreement between CPS NSW Pty Ltd and the CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The primary dispute centred around the terms and conditions outlined in the proposed agreement and whether they complied with the Fair Work Act 2009. The application was heard by Commissioner McGaughey, who was tasked with determining the legality and fairness of the agreement.

The key legal issues before the court involved assessing the agreement's compliance with the Fair Work Act, particularly in relation to minimum entitlements, the good faith bargaining requirement, and whether the agreement met the provisions for a single, fair, and efficient enterprise. The court needed to ensure that the agreement did not disadvantage employees and that it was reached through genuine negotiation between the employer and the union.

Commissioner McGaughey found that the agreement met the requirements set forth in the Fair Work Act. The court determined that the proposed terms and conditions were fair and reasonable, did not undermine minimum entitlements, and were the product of good faith bargaining. The commissioner concluded that the agreement was in the best interests of the employees and approved the application for registration. The final orders confirmed the approval of the enterprise agreement, effective from the specified dates.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established