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

[2024] FWCA 2321

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

(AG2024/2146)

PENRITH LAKES PLUMBING GROUP PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2024

Application for approval of the Penrith Lakes Plumbing Group 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 Penrith Lakes Plumbing Group 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 21 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Penrith Lakes Plumbing Group Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia. The dispute centred on the terms and conditions of employment outlined in the proposed agreement and whether they complied with the relevant statutory framework.

The primary legal issues that the Commission had to address were whether the agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the "better off overall test" and whether the agreement was free from any illegality or unfairness. The Commission needed to ensure that the proposed terms and conditions provided for the employees' fair share of the benefits of the enterprise's productivity and that they did not cause detriment to the employees or undermine the protection provided by the safety net of minimum standards.

The Commission found that the agreement satisfied the "better off overall test" and was free from any illegality or unfairness. The evidence presented indicated that the proposed terms and conditions of employment were fair and reasonable, providing for the employees' fair share of the benefits of the enterprise's productivity. Additionally, the Commission was satisfied that the agreement did not cause any detriment to the employees or undermine the protection provided by the safety net of minimum standards. As a result, the Commission approved the Penrith Lakes Plumbing Group Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027, which will now govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established