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

[2024] FWCA 2403

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

(AG2024/2228)

ALOHA POOLS COMMERCIAL AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2024

Application for approval of the Aloha Pools Commercial 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 Aloha Pools Commercial 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 concerned an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Aloha Pools Commercial and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027. The application was made under section 233 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an enterprise agreement if it is satisfied that it provides for fair and reasonable pay and conditions. The dispute arose between the union and the employer, Aloha Pools Commercial, over the terms and conditions of employment for employees in the plumbing division.

The primary legal issue the Commission had to determine was whether the enterprise agreement met the requirements of the Fair Work Act, specifically whether it provided for fair and reasonable pay and conditions for employees. The Commission also had to consider whether the agreement complied with the relevant national employment standards and other relevant laws. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain provisions, particularly those relating to pay rates and working conditions.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the enterprise agreement provided for fair and reasonable pay and conditions for employees. The Commission noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other conditions that were consistent with the national employment standards. While the employer had raised concerns about certain aspects of the agreement, the Commission was satisfied that these provisions were reasonable and necessary to ensure fair treatment of employees. The Commission approved the enterprise agreement, which will now be binding on the parties for the period 2024 to 2027.

The final orders of the Commission were that the Aloha Pools Commercial and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act. The agreement will be registered by the Commission and will apply to employees of Aloha Pools Commercial in the plumbing division from 1 July 2024 until 30 June 2027. The parties are bound by the terms of the agreement, and any disputes arising under the agreement must be resolved in accordance with its dispute resolution procedures.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established