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

[2024] FWCA 2475

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

(AG2024/2337)

CONCIERGE AIR CONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2024

Application for approval of the Concierge Air Conditioning 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 Concierge Air Conditioning 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 4 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 an enterprise agreement between Concierge Air Conditioning Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The application was for the Concierge Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement satisfied the requirements of the Fair Work Act, including whether it met the “better off overall test” and whether it included all mandated terms and conditions as required by law. Furthermore, the Commission needed to consider if the agreement had been fairly negotiated and if it complied with the procedural requirements for enterprise agreements.

In its decision, the Commission noted that the agreement had been negotiated in good faith and contained all the mandated terms and conditions stipulated by the Fair Work Act. The Commission found that the agreement met the better off overall test, as it provided employees with benefits that were at least as good as those provided by the applicable award or safety net. The Commission also confirmed that the agreement had been appropriately drafted and presented, ensuring that all procedural requirements were met. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Concierge Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. This decision confirmed the agreement's compliance with the Fair Work Act and ensured that it would govern the employment conditions of the relevant employees for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established