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

[2024] FWCA 2029

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

(AG2024/1786)

DMB MECHANICAL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2024

Application for approval of the DMB Mechanical Services 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 DMB Mechanical Services 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 3 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, and DMB Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic). The union sought the approval of the Plumbing Enterprise Agreement 2024 – 2027. The agreement had been negotiated between the union and the employer, and now required the Commission's approval before it could be registered and enforced.

The central legal issue was whether the agreement met the requirements set forth in the Fair Work Act 2009 for enterprise agreements. Specifically, the Commission needed to determine if the agreement was a genuine bargain between the parties, if it contained the mandated minimum terms and conditions, and if it complied with procedural requirements such as the provision of a copy of the agreement to employees and the requisite waiting period. The union argued that all conditions were met and the agreement should be approved, while the employer did not raise any objections but sought clarification on certain procedural aspects.

The Commission found that the agreement was a genuine bargain as it reflected the input of both parties. It met all the mandated minimum terms and conditions, and the procedural requirements were correctly followed. The union provided adequate evidence of the agreement's distribution to employees and the waiting period was properly observed. Therefore, the Commission approved the agreement, emphasising its compliance with all statutory requirements.

The Fair Work Commission approved the DMB Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, confirming its validity and enforceability 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