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

[2024] FWCA 2401

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

(AG2024/2231)

PROFESSIONAL PLUMBING CONTRACTORS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2024

Application for approval of the Professional Plumbing Contractors 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 Professional Plumbing Contractors 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 27 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with Professional Plumbing Contractors Pty Ltd, sought the approval of their 2024-2027 Plumbing Enterprise Agreement from the Fair Work Commission. The agreement, which outlines the terms and conditions of employment for employees in the plumbing industry, was submitted for endorsement by the union and the employer, who aimed to formalise the working arrangements for the specified period. The Fair Work Commission, responsible for regulating and improving workplace relations, was tasked with examining the agreement to ensure it complied with relevant legislative standards and was fair and reasonable for all parties involved.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring fairness and reasonableness for the employees it covered. This involved assessing whether the agreement provided adequate protections and benefits, and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission needed to determine if the agreement appropriately balanced the interests of the employer and the employees, and if it was consistent with the broader objectives of the Fair Work Act.

After thorough consideration, the Fair Work Commission determined that the agreement was fair and reasonable, and thus approved it. The Commission found that the agreement contained provisions that were consistent with the statutory requirements, offering protections and benefits that were equitable for the employees. The Commission highlighted that the agreement was the result of good faith bargaining and was procedurally fair. It concluded that the agreement appropriately balanced the interests of the employer and the employees, and was in line with the overarching objectives of the Fair Work Act.

As a result of the Commission's approval, the 2024-2027 Plumbing Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Professional Plumbing Contractors Pty Ltd, effective from 1 July 2024, is now formally recognised and enforceable under the Fair Work Act 2009.

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