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

[2024] FWCA 2609

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

(AG2024/2456)

PATHWAY PLUMBING SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JULY 2024

Application for approval of the Pathway Plumbing Services 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 Pathway Plumbing Services 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 16 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 of a proposed enterprise agreement between the union and Pathway Plumbing Services Pty Ltd. The union argued that the agreement should be approved as it met the requirements for a modern workplace agreement under the Fair Work Act 2009. The employer contested that the agreement did not adequately reflect the bargaining power of both parties and failed to provide a fair and reasonable outcome for employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This involved examining whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was fair and reasonable having regard to the overall circumstances of the case. The Commission also had to determine if the agreement was certified as a single interest or protected action agreement, as these types of agreements have different requirements under the Act.

The Commission found that the proposed enterprise agreement was made in good faith and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement provided a fair and reasonable outcome for employees, taking into account the overall circumstances of the case. The Commission noted that the agreement included provisions for a fair wages increase, improved working conditions, and dispute resolution mechanisms. The Commission also found that the agreement was a single interest agreement, which meant that it did not require protected action approval. Based on these findings, the Commission approved the proposed enterprise agreement between the union and the employer.

The Fair Work Commission approved the Pathway Plumbing Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from 1 July 2024. The Commission's decision was based on its determination that the agreement was made in good faith, contained the necessary minimum terms and conditions, and provided a fair and reasonable outcome for employees. The Commission also found that the agreement was a single interest agreement, which did not require protected action approval. The approval of the enterprise agreement will now allow the union and the employer to implement the terms and conditions set out in the agreement for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established