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

[2024] FWCA 2260

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

(AG2024/2061)

SUBLIME INFRASTRUCTURE PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (SHEETMETAL) ENTERPRISE AGREEMENT 2023-2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JUNE 2024

Application for approval of the Sublime Infrastructure 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 Sublime Infrastructure 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 18 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant union sought approval for the proposed enterprise agreement between Sublime Infrastructure Pty Ltd and the CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement for the period 2023-2027. The application was heard in the Fair Work Commission. The union argued that the proposed agreement contained provisions that were fair and reasonable in all respects, and that the necessary procedural requirements had been met. The respondent, Sublime Infrastructure, did not contest the fairness of the agreement but raised concerns about certain provisions.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining whether the agreement had been made in accordance with the procedural prerequisites and whether it contained terms that were fair and reasonable. The Commission also had to consider whether the agreement adequately covered the necessary topics and complied with any relevant award or registered agreement.

The Commission found that the union had followed the necessary procedural steps to make the agreement and that the agreement contained provisions that were fair and reasonable. The Commission noted that the agreement addressed essential matters such as wages, hours of work, and other conditions of employment. While the respondent raised concerns about specific provisions, the Commission concluded that these did not detract from the overall fairness of the agreement. The Commission determined that the agreement met all the statutory requirements for approval and granted the application for approval.

The Fair Work Commission approved the proposed enterprise agreement between Sublime Infrastructure Pty Ltd and the CEPU - Plumbing Division NSW Branch Mechanical (Sheetmetal) Enterprise Agreement for the period 2023-2027, effective from the date of the Commission's decision. The agreement was deemed to comply with the Fair Work Act 2009 and all necessary procedural and substantive requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established