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

[2024] FWCA 2287

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

(AG2024/2105)

A.J. BAKER & SONS PTY LTD AND THE CEPU – PLUMBING DIVISION VICTORIAN BRANCH COMMERCIAL REFRIGERATION & SERVICE ENTERPRISE AGREEMENT 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JUNE 2024

Application for approval of the A.J. Baker & Sons Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024

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 A.J. Baker & Sons Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024 (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 20 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU – Plumbing Division Victorian Branch for approval of the A.J. Baker & Sons Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered union-employer agreement. The application was contested by the employer, who raised several objections regarding the agreement's provisions.

The primary legal issues before the Commission were whether the provisions of the proposed enterprise agreement complied with the relevant statutory requirements, and whether the agreement was made in good faith and in accordance with the principles of industrial conciliation and arbitration. The employer contested the agreement on various grounds, including concerns about the agreement's fairness and whether it complied with the "better off overall test" under the Fair Work Act.

In its decision, the Commission found that the agreement was fair and reasonable, and that it complied with the statutory requirements of the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions for employees, and that it was made in good faith. The Commission also found that the agreement met the "better off overall test", as it provided for a range of benefits for employees, including wage increases and improved working conditions. The Commission approved the agreement as a registered union-employer agreement, subject to certain modifications to address the employer's concerns.

The final orders of the Commission were that the A.J. Baker & Sons Pty Ltd and the CEPU – Plumbing Division Victorian Branch Commercial Refrigeration & Service Enterprise Agreement 2024 be approved as a registered union-employer agreement, subject to the modifications outlined in the decision. The employer was directed to give written notice of the approved agreement to all affected employees, and to take all necessary steps to implement the agreement. The agreement was to commence on the first day of March 2024, and was to remain in force until 31 December 2026, subject to earlier termination in accordance with its provisions.

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