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

[2024] FWCA 2114

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

(AG2024/1853)

FIBCON ROOFING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2024

Application for approval of the Fibcon Roofing 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 Fibcon Roofing 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 7 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Fibcon Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The dispute centred around the application for the approval of a new enterprise agreement, which aimed to set out the terms and conditions of employment for employees of Fibcon Roofing Pty Ltd. The Union argued that the agreement was fair and reasonable, while the employer expressed concerns regarding certain provisions.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it provided for the proper management of the enterprise. The Union argued that the agreement provided for fair and reasonable terms of employment, while the employer raised concerns about certain provisions, including those relating to wages and conditions.

In assessing the application, the Commission considered the various provisions of the agreement and the evidence provided by both parties. The Commission determined that the agreement was in the public interest and provided for the proper management of the enterprise. The Union had demonstrated that the agreement provided for fair and reasonable terms of employment, and the employer's concerns were addressed through modifications to certain provisions. The Commission found that the agreement met the criteria for approval and granted the Union's application for approval of the enterprise agreement.

The Commission made orders approving the Fibcon Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, with modifications to certain provisions as agreed upon by the parties. The parties were directed to give notice of the approved agreement to all relevant employees and to take all necessary steps to implement the agreement. The decision serves as a reminder of the importance of reaching a fair and reasonable agreement that meets the criteria for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established