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

[2024] FWCA 2655

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

(AG2024/2531)

ALLPRO PLUMBING COMMERCIAL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JULY 2024

Application for approval of the Allpro Plumbing Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 Allpro Plumbing Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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

The matter before the Fair Work Commission involved an application for the approval of the Allpro Plumbing Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027. The union and the employer sought the Commission's approval under the Fair Work Act 2009, aiming to ensure the agreement met the requirements for a registered agreement. The legal issues that the Commission was required to decide included whether the agreement was made in good faith, whether it provided for the proper classification of employees, and whether it contained all the required terms and conditions of employment.

In delivering its decision, the Commission examined the negotiation process and the content of the agreement. The Commission noted that the agreement was the result of good faith negotiations between the parties, as evidenced by the detailed records and the absence of any coercion or unfair labour practices. The Commission also found that the agreement appropriately classified employees and included all the required terms and conditions, such as minimum wages, penalty rates, and provisions for leave. The Commission concluded that the agreement met all the statutory requirements for a registered agreement and approved it accordingly.

The Commission's decision was based on a thorough examination of the negotiation process and the content of the agreement. The Commission found that the agreement was made in good faith and appropriately classified employees. The agreement also included all the required terms and conditions of employment. As such, the Commission approved the Allpro Plumbing Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027. The agreement will now be registered and will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established