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

[2024] FWCA 2316

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

(AG2024/2129)

IMMAC-AIR GROUP PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2023-2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2024

Application for approval of the Immac-Air Group Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) 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 Immac-Air Group Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) 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 before the Fair Work Commission involved an application for the approval of the Immac-Air Group Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, had entered into an agreement with the employer, Immac-Air Group Pty Ltd, which sought to regulate the employment conditions of the mechanical (sheetmetal) employees within the company. The union's application for the agreement's approval was made under the Fair Work Act 2009, specifically section 234.

The primary legal issue the Commission had to address was whether the agreement met the "better off overall test" as outlined in the Fair Work Act. This test required the Commission to determine if the proposed agreement provided employees with benefits that were at least as good as, or better than, the relevant award or previous enterprise agreement. The Commission also had to ensure that the agreement did not discriminate against any employees or group of employees and that it complied with all statutory provisions, including those relating to minimum wages and other entitlements.

In rendering its decision, the Commission examined the terms of the agreement in detail, considering factors such as wage rates, penalty rates, leave entitlements, and other conditions of employment. The Commission found that the agreement provided employees with a range of benefits that met or exceeded those in the relevant award and previous enterprise agreements. The proposed conditions were deemed to be fair and reasonable, and the Commission was satisfied that the agreement did not unfairly discriminate against any group of employees. After careful consideration, the Commission approved the agreement under section 234 of the Fair Work Act, finding that it complied with all relevant statutory requirements.

The final orders of the Commission included the approval of the Immac-Air Group Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement 2023-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the mechanical (sheetmetal) employees within the company for the period from 1 July 2023 to 30 June 2027. The decision provided certainty and clarity for both the employer and the employees, ensuring that the terms of their employment were governed by an agreement that met all legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established