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

[2024] FWCA 2172

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

(AG2024/1901)

LEEMARK INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JUNE 2024

Application for approval of the Leemark Industries Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection 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 Leemark Industries Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection 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

The matter involved an application for approval of an enterprise agreement between Leemark Industries Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic) for the period 2024 to 2027. The application was brought before the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval, particularly in relation to the terms and conditions it established for employees within the scope of the agreement.

The court had to decide if the agreement satisfied the provisions of the Fair Work Act 2009, including whether it was made in good faith and if it contained appropriate mechanisms for resolving disputes. Additionally, the court examined whether the agreement complied with the statutory minimum entitlements and if it provided fair terms and conditions for the employees. A significant consideration was whether the agreement adequately addressed the interests of the employees and whether it was free from any unfair provisions that might unduly disadvantage employees.

The Fair Work Commission found that the agreement was made in good faith and did not contain any provisions that were contrary to the public interest. The court determined that the agreement met all the necessary criteria for approval, including that it provided for fair terms and conditions for the employees, included adequate mechanisms for dispute resolution, and did not undermine the statutory minimum entitlements. Consequently, the court approved the enterprise agreement.

As a result of the court's decision, the Leemark Industries Pty Ltd and CEPU – Plumbing Division (Vic) Fire Protection Enterprise Agreement 2024 – 2027 was approved and registered. The agreement is now legally binding between the parties and will govern the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established