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

[2024] FWCA 2035

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

(AG2024/1804)

LIQUID VISION PLUMBING GROUP AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2024

Application for approval of the Liquid Vision Plumbing Group 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 Liquid Vision Plumbing Group 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 3 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Liquid Vision Plumbing Group, specifically for the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Court centred on whether the agreement satisfied the procedural and substantive fairness requirements for approval. The primary concern was ensuring that the agreement was genuinely negotiated, free from unlawful content, and provided for a fair and efficient workplace. Additionally, the Court examined whether the agreement had been appropriately certified by an independent certifier and whether it adhered to the provisions of the Fair Work Act, particularly regarding minimum entitlements.

The Fair Work Commission considered the evidence provided by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement had been fairly negotiated and contained no unlawful provisions. The Court also noted that the agreement had been certified by an independent certifier and complied with the minimum entitlements required by the Fair Work Act. Therefore, the Commission approved the enterprise agreement, confirming its compliance with the necessary legal standards.

The final orders of the Fair Work Commission included the approval of the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. The Court's approval signified that the agreement met the requirements for registration and could be implemented between the Liquid Vision Plumbing Group and the CEPU – Plumbing Division (Vic). This decision provided certainty for the parties involved and established the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established