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

[2024] FWCA 2349

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

(AG2024/2168)

CB COMMERCIAL PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JUNE 2024

Application for approval of the CB Commercial Plumbing Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027

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 CB Commercial Plumbing Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 (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 24 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the CB Commercial Plumbing Services Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The Union argued that the agreement met the necessary conditions for approval, including that it contained minimum terms and conditions of employment, and that it was made in good faith and not for the purposes of defeating the intent of the Fair Work Act. The employer, CB Commercial Plumbing Services Pty Ltd, did not oppose the application but did seek some clarifications and minor amendments to the agreement.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained the minimum terms and conditions of employment, was made in good faith, and did not seek to defeat the intent of the Act. The Commission also needed to consider the employer’s request for minor amendments and clarifications to ensure the agreement was fair and balanced.

In making its decision, the Fair Work Commission thoroughly examined the terms and conditions of the agreement. It determined that the agreement did indeed include all minimum terms and conditions, and that it was made in good faith. The Commission accepted the employer's request for minor amendments to enhance clarity and fairness. The Commission was satisfied that the agreement would not defeat the intent of the Act and approved the enterprise agreement with the modifications.

The Fair Work Commission’s final orders included the approval of the CB Commercial Plumbing Services Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027, subject to the minor amendments and clarifications requested by the employer. This decision ensures that the agreement will operate as intended, providing a framework for fair and reasonable employment terms between the employer and employees within the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established