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

[2024] FWCA 2112

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

(AG2024/1855)

PCD GROUP 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 PCD Group 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 PCD Group 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

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and PCD Group Pty Ltd (the Employer). The Union sought approval from the Fair Work Commission for a proposed enterprise agreement with the Employer, known as the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The Employer contested the Union's right to represent the employees and the fairness of the proposed agreement. The dispute was heard by the Fair Work Commission.

The central legal issues the Commission had to address were whether the Union was genuinely representative of the employees, and whether the proposed agreement was fair and reasonable. The Employer argued that the Union was not genuinely representative as it did not have the necessary membership numbers. The Union maintained that it had sufficient support and was the appropriate representative body. Additionally, the Commission needed to determine if the Agreement met the criteria for being fair and reasonable, considering the economic and social factors relevant to the industry.

In its decision, the Commission found that the Union was genuinely representative of the employees, despite the Employer's objections. The Commission considered the evidence provided by the Union regarding membership numbers and the support from the employees. The Commission also examined the terms and conditions of the proposed Agreement, assessing whether they were fair and reasonable. After thorough consideration, the Commission concluded that the Agreement was fair and reasonable, taking into account the economic and social factors relevant to the industry. The Commission approved the Agreement, thereby resolving the dispute.

The final orders of the Commission were that the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was approved and registered under the Fair Work Act 2009. The Agreement would govern the terms and conditions of employment for the employees covered by the Agreement, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established