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

[2024] FWCA 2176

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

(AG2024/1914)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JUNE 2024

Application for approval of the Protech Personnel (VIC) 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 Protech Personnel (VIC) 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 13 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 sought approval of a proposed enterprise agreement between Protech Personnel (VIC) Pty Ltd and the CEPU – Plumbing Division (Vic). The union argued that the agreement, covering the period from 2024 to 2027, met the requirements of the Fair Work Act 2009 and was fair and reasonable for the employees covered by it. The employer, Protech Personnel, supported the application, asserting that the terms of the agreement were fair and reasonable.

The legal issues before the commission were whether the proposed agreement was a "single interest employer agreement" as defined in the Fair Work Act, and whether it met the "better off overall test" and the "good faith" requirements of the Act. Additionally, the commission needed to determine whether the agreement contained all the mandatory terms prescribed by the Act and whether it was fair and reasonable in all its aspects.

In delivering its decision, the commission found that the proposed agreement was indeed a single interest employer agreement and met the better off overall test. It considered the evidence presented by both parties and concluded that the agreement contained all the mandatory terms required by the Act. The commission also found that the agreement was fair and reasonable, taking into account the nature of the work, the interests of the employees, and the employer's need for flexibility and efficiency. Consequently, the commission approved the agreement.

The Fair Work Commission approved the Protech Personnel (VIC) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The commission found that the agreement was a single interest employer agreement, met the better off overall test, contained all mandatory terms, and was fair and reasonable. The decision was made on the basis of the evidence and submissions presented by both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established