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

[2024] FWCA 2218

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

(AG2024/2005)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the SPI Plumbing 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 SPI Plumbing 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.

While the application is generally in order, employees were not provided with the notice of employee representational rights (NERR) within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) made an application for the approval of the SPI Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The dispute arose from the negotiation process of a new enterprise agreement between the Union and SPI Plumbing Pty Ltd, with a focus on the terms and conditions of employment for the employees covered by the agreement.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for the terms and conditions of employment of the employees, and whether it complied with the "better off overall test" (BOOT). The Commission also considered whether the agreement had been genuinely negotiated between the parties and if it contained appropriate dispute resolution provisions.

In examining the evidence and submissions provided by both the Union and SPI Plumbing Pty Ltd, the Commission found that the enterprise agreement had been genuinely negotiated between the parties and met the statutory requirements for approval. The Commission noted that the agreement provided for the terms and conditions of employment of the employees, and it complied with the BOOT. The Commission also found that the agreement contained appropriate dispute resolution provisions, which included a mechanism for the parties to resolve any disputes that may arise during the term of the agreement. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the SPI Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The approval is effective from 1 April 2024 and will apply to the employees covered by the agreement. The Union and SPI Plumbing Pty Ltd are now bound by the terms and conditions set out in the approved enterprise agreement, which will govern the employment relationship between the parties for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established