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

[2024] FWCA 2157

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

(AG2024/1874)

H20 ROOF & GAS PLUMBING SERVICES & CONSTRUCTION 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 H20 Roof & Gas Plumbing Services & Construction 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 H20 Roof & Gas Plumbing Services & Construction 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 matter before the Fair Work Commission involved an application for the approval of the Plumbing Enterprise Agreement 2024–2027 between H20 Roof & Gas Plumbing Services & Construction Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The Union sought to have the agreement approved as a registered agreement under the Fair Work Act 2009, which would make it enforceable against the employer and its employees. The employer, H20 Roof & Gas Plumbing Services & Construction Pty Ltd, had agreed to the terms of the agreement, but the Union needed to demonstrate that the agreement met the legal requirements for registration.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval as a registered agreement. This involved assessing whether the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and was made in good faith. Additionally, the Commission had to consider whether the agreement had been made in accordance with the provisions of the Fair Work Act, including ensuring it met the requirements for employee representation and consultation.

In reaching its decision, the Commission examined the contents of the agreement and the processes that led to its formation. The Commission found that the agreement included all the required minimum terms and conditions and was free from prohibited content. It was also satisfied that the agreement was made in good faith and in accordance with the statutory requirements for employee representation and consultation. The Commission was further reassured by the absence of any objections from the employer or the employees, which indicated a general acceptance of the agreement's terms. Based on these findings, the Commission approved the agreement as a registered agreement.

The Fair Work Commission approved the Plumbing Enterprise Agreement 2024–2027 between H20 Roof & Gas Plumbing Services & Construction Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). This decision makes the agreement enforceable under the Fair Work Act, providing a clear framework for the terms and conditions of employment for the employees of the employer.

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