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

[2024] FWCA 2118

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

(AG2024/1852)

NEW EDGE GROUP HVAC QLD PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2024

Application for approval of the New Edge Group Hvac Qld Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026

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 New Edge Group Hvac Qld Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 7 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 lodged an application for approval of the New Edge Group Hvac Qld Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026. The New Edge Group Hvac Qld Pty Ltd is an employer, and the CEPU Plumbing Division Mechanical Union is an authorised union representing the employees of the employer. The nature of the dispute involved the terms and conditions of employment as set out in the proposed agreement.

The central legal issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement covered the necessary provisions, provided for fair and reasonable terms and conditions, and complied with the procedural requirements for application and approval. The Commission also considered whether the agreement facilitated the efficient operation of the employer's business.

In its decision, the Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements for approval. The agreement contained all the necessary provisions, including wages and other conditions of employment. The Commission was satisfied that the terms and conditions were fair and reasonable, taking into account the nature of the employer's business and the relevant industry standards. Furthermore, the procedural requirements for application and approval were adhered to, ensuring the agreement was properly brought before the Commission. Consequently, the Commission approved the agreement, recognising its compliance with the relevant legislative framework.

The Fair Work Commission approved the New Edge Group Hvac Qld Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026. This decision signifies the formal recognition of the terms and conditions of employment as set out in the agreement, which will now govern the relationship between the employer and the employees represented by the union 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