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

[2024] FWCA 2025

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

(AG2024/1762)

ECOPLUMB CONTRACTING 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 Ecoplumb Contracting 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 Ecoplumb Contracting 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for a plumbing enterprise agreement between Ecoplumb Contracting Services Pty Ltd and the CEPU – Plumbing Division (Vic). The application was made to the Fair Work Commission, which is tasked with the regulation and enforcement of workplace laws in Australia. The union argued that the agreement contained fair and reasonable terms and conditions for the employees covered by the agreement.

The central legal issue before the Commission was whether the terms and conditions of the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, contained fair and reasonable terms and conditions, and adhered to the provisions of the Act. Additionally, the Commission considered whether the agreement met the criteria for registration and if it was consistent with the national system of industrial relations.

The Fair Work Commission carefully reviewed the terms of the agreement, assessing them against the statutory requirements. The Commission found that the agreement was made in good faith and that the terms and conditions were fair and reasonable. Furthermore, the Commission determined that the agreement met the criteria for registration and was consistent with the national system of industrial relations. The Commission approved the Ecoplumb Contracting Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, finding it to be in compliance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established