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

[2024] FWCA 2241

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

(AG2024/2002)

DIVERSAPLUMB COMMERCIAL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JUNE 2024

Application for approval of the Diversaplumb Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 Diversaplumb Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 17 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 Diversaplumb Commercial Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration, including procedural fairness in its formation and whether it complied with the Act’s substantive provisions.

The court was tasked with determining whether the union had followed the correct procedural steps in negotiating and finalising the agreement. This included examining whether the union had provided adequate notice to the employer, whether there had been proper bargaining, and if the agreement had been put to a vote of the relevant employees. Additionally, the court needed to assess whether the agreement contained any provisions that contravened the Act, such as clauses that mandated non-compliance with award wages and conditions or that imposed excessive work hours.

In delivering its decision, the Fair Work Commission found that the union had adhered to the necessary procedural steps, ensuring that the agreement was formed through genuine and meaningful negotiations. The court also determined that the agreement did not contain any provisions that were contrary to the Fair Work Act. Consequently, the Commission approved the agreement as a registered enterprise agreement, acknowledging its compliance with both procedural and substantive legal requirements. The decision confirmed the agreement's validity and enforceability, providing certainty to both the union and the employer regarding their future industrial relations obligations and entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established