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

[2024] FWCA 2415

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

(AG2024/2256)

R & C DRAINAGE SOLUTIONS PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2024

Application for approval of the R & C Drainage Solutions Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026

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 R & C Drainage Solutions Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026 (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

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the R & C Drainage Solutions Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026. The matter was heard by the Fair Work Commission (the Commission). The application sought approval of the collective agreement under the Fair Work Act 2009. The legal issues the Commission was required to decide related to whether the agreement met the requirements for approval under the Act. This included examining whether the agreement was in writing, whether it had been negotiated in good faith, and whether it contained the necessary details about the terms and conditions of employment, including wages, hours of work and other conditions.

The Commission found that the agreement was in writing and had been negotiated in good faith. The Commission also found that the agreement contained the necessary details about the terms and conditions of employment, including wages, hours of work and other conditions. The Commission noted that the agreement provided for a wage increase of 4% per year over the term of the agreement, and contained provisions for redundancy and other employment-related matters. The Commission was satisfied that the agreement met the requirements for approval under the Act. The Commission approved the agreement and issued a certificate of registration.

The final orders of the Commission were that the R & C Drainage Solutions Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026 be approved and registered under the Fair Work Act 2009. The Commission also ordered that a copy of the approved agreement be lodged with the Commission and that the parties to the agreement be notified of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established