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

[2024] FWCA 2394

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

(AG2024/2226)

CLANCY ROOFING AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2024

Application for approval of the Clancy Roofing 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 Clancy Roofing 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 case involved an application for the approval of the Clancy Roofing and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027, which was lodged with the Fair Work Commission. The primary parties included the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Clancy Roofing. The dispute centred around the terms and conditions of the proposed enterprise agreement, particularly its compliance with the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the necessary legal standards for approval. This included verifying that the agreement provided for fair and reasonable terms, was free from any form of coercion, and adhered to the procedural requirements outlined in the legislation. The court also had to consider the provisions of the agreement in relation to the employees' wages, hours of work, and other conditions of employment, ensuring they were consistent with the principles of the Fair Work Act.

Upon reviewing the submitted documents and hearing the arguments from both parties, the court found that the Clancy Roofing and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027 was compliant with all relevant legal requirements. The agreement was deemed to provide fair and reasonable terms for the employees, without any evidence of coercion or unfair practices. Consequently, the court approved the enterprise agreement, confirming its validity and enforceability under the Fair Work Act.

As a result of the court's decision, the Clancy Roofing and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027 was formally approved and will govern the terms and conditions of employment between Clancy Roofing and the union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established