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

[2024] FWCA 2069

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

(AG2024/1912)

A PLUS PLUMBING TRADE STAFF (NSW) PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2024

Application for approval of the A Plus Plumbing Trade Staff (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027

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 A Plus Plumbing Trade Staff (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 (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 5 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between the A Plus Plumbing Trade Staff (NSW) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division – NSW Branch. The agreement in question, the CEPU - Plumbing Enterprise Agreement 2023–2027, was to cover employees within the specified period. The parties sought approval from the Commission, ensuring the agreement met the necessary criteria under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the proposed agreement complied with the statutory requirements for enterprise agreements, including the coverage of the agreement, its adherence to the good faith bargaining provisions, and its alignment with the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement contained all mandatory terms and conditions of employment, and whether it was fair and reasonable, taking into account the best interests of the employees covered by the agreement.

In delivering its decision, the Fair Work Commission examined the agreement in detail. The Commission found that the proposed agreement met all the statutory requirements, including the mandatory terms and conditions, and was fair and reasonable. The Commission noted that both parties had engaged in genuine bargaining and that the agreement provided for appropriate terms and conditions of employment. Given these findings, the Commission approved the CEPU - Plumbing Enterprise Agreement 2023–2027, effective from the date of the decision.

The Commission's final order was that the proposed enterprise agreement be approved, and it be registered with the Fair Work Commission. This approval ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009, providing a clear framework for the employment conditions of the workers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established