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

[2024] FWCA 2400

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

(AG2024/2227)

AZURE PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2024

Application for approval of the Azure Plumbing Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing 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 Azure Plumbing Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing 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 28 June 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 (CEEPIU) sought approval for the Azure Plumbing Services Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The application for approval was opposed by the employer on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the statutory criteria for approval.

The primary legal issue was whether the agreement met the procedural and substantive requirements set out in the Fair Work Act. The employer argued that the agreement did not comply with the procedural requirements, particularly in relation to the consultation process, and that certain clauses within the agreement contravened the Act’s provisions on minimum entitlements and redundancy payments. The CEEPIU contended that the agreement was the product of genuine negotiations and that it provided fair and reasonable terms for the employees.

The Commission examined the evidence presented regarding the consultation process and found that while there were some procedural shortcomings, they did not significantly detract from the overall legitimacy of the agreement. Regarding the substantive provisions, the Commission determined that the agreement did not contain clauses that were unfair or that contravened the Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees, and thus met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Azure Plumbing Services Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 be approved, with certain clarifications to address minor procedural deficiencies. The employer was directed to take necessary steps to implement the agreement, and the CEEPIU was authorised to take appropriate action to enforce the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established