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

[2024] FWCA 2395

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

(AG2024/2230)

ULTIMATE AIRCONDITIONING (AUST) AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2024

Application for approval of the Ultimate Airconditioning (Aust) 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 Ultimate Airconditioning (Aust) 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 27 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ultimate Airconditioning (Aust) Pty Ltd. The agreement, titled the Plumbing Enterprise Agreement 2024 – 2027, sought to set the terms and conditions of employment for members of the CEPU – Plumbing Division (Vic) employed by the respondent company. The application for approval was brought under the Fair Work Act 2009, which mandates that enterprise agreements be assessed to ensure they meet certain criteria, including being free from provisions that would have an adverse effect on employees.

The primary legal issues that the Commission had to decide included whether the agreement was fairly negotiated, whether it contained any objectionable provisions, and whether it complied with the "better off overall test". This test requires that, on balance, an employee should be no worse off and at least some employees should be better off financially under the new agreement compared to the previous one. Additionally, the Commission had to ensure that the agreement did not contain any provisions that would undermine the right of employees to be protected from adverse action for taking protected industrial action.

The Fair Work Commission found that the agreement had been fairly negotiated and contained no objectionable provisions. It was also satisfied that the agreement met the better off overall test, as it provided for a number of improvements in pay and conditions for employees. The Commission noted that the agreement had been developed through a process of genuine consultation and negotiation between the parties and that it did not contain any terms that would have an adverse effect on employees. Consequently, the Commission approved the proposed agreement, confirming its compliance with the relevant legislative requirements.

The final orders of the Commission were that the Plumbing Enterprise Agreement 2024 – 2027 between Ultimate Airconditioning (Aust) Pty Ltd and the CEPU – Plumbing Division (Vic) be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would come into effect on the date specified in the agreement, with the approval effective from the date of the Commission's decision. This decision ensures that the terms of the agreement are legally binding on both parties and provides a framework for 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