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

[2024] FWCA 2159

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

(AG2024/1873)

CDB MECHANICAL SERVICES 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 CDB Mechanical Services 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 CDB Mechanical Services 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

The case involves an application for approval of the Plumbing Enterprise Agreement 2024-2027 between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and CDB Mechanical Services Pty Ltd (the Employer). The application was heard by the Fair Work Commission, presided over by Deputy President L C O’Brien. The Union and the Employer sought approval of the new enterprise agreement, which was negotiated to govern the employment terms and conditions of the union's members working for the Employer.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for the terms and conditions of employment, was free from prohibited content, and was made in good faith. The Union and the Employer needed to demonstrate that the agreement was the product of genuine negotiations and that it complied with the relevant legislative provisions.

The Fair Work Commission found that the agreement was negotiated in good faith and was free from prohibited content. The Deputy President noted the thorough documentation of the negotiation process, which included multiple meetings and exchanges between the parties. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the statutory requirements for approval. Consequently, the Deputy President approved the agreement, recognising the efforts of both parties in reaching a mutually beneficial outcome.

The final order of the Commission was to approve the Plumbing Enterprise Agreement 2024-2027 between the Union and the Employer. This decision ensures that the agreement is legally binding and enforceable, providing certainty and stability for the employees covered by the 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