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

[2024] FWCA 2208

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

(AG2024/1976)

GAB SERVICES AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the GAB Services 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 GAB Services 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 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the GAB Services and CEPU – Plumbing Division (Vic), regarding an application for the approval of the Plumbing Enterprise Agreement 2024 – 2027. The dispute centred around the negotiation process and the terms of the proposed agreement between the union and the employer. The matter was heard and determined by the Fair Work Commission, a body with jurisdiction over employment and industrial relations matters in Australia.

The central legal issues before the Commission were whether the proposed agreement was genuinely negotiated and whether its terms met the statutory requirements for approval under the Fair Work Act. This included scrutiny of the negotiation process to ensure it was conducted in good faith, and an assessment of the agreement's content to verify compliance with the Act, particularly concerning minimum entitlements and other mandatory provisions. The Commission also had to consider the fairness and reasonableness of the agreement's terms for the employees covered by it.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated between the union and the employer in good faith. The terms of the agreement were deemed to be fair and reasonable, and met the statutory requirements for approval. The Commission took into account the economic climate, the bargaining positions of the parties, and the need to balance the interests of both employers and employees. The Commission concluded that the proposed agreement was in the best interests of the employees and approved the agreement, paving the way for its implementation as a binding enterprise agreement.

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