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

[2024] FWCA 2021

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

(AG2024/1765)

KTB ROOFING SOLUTIONS 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 KTB Roofing Solutions 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 KTB Roofing Solutions 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 case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and KTB Roofing Solutions Pty Ltd (the Employer) for the approval of their proposed Plumbing Enterprise Agreement 2024-2027 (the Agreement). The Union sought to have the Agreement certified as a single-employer enterprise agreement under the Fair Work Act 2009. The application was contested by the Australian Building and Construction Commission (ABCC), which raised concerns about the fairness and compliance of the Agreement with the relevant legislative framework.

The legal issues before the Commission centred on whether the Agreement was fair and met the criteria set out in section 230 of the Fair Work Act. The Commission had to consider various aspects of the Agreement, including the process by which it was negotiated, the terms and conditions it contained, and whether it was likely to result in the resolution of industrial disputes in a manner that was fair and equitable for both the employer and the employees. The Commission also needed to address whether the Agreement complied with the requirements of the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2012.

After considering the evidence and submissions presented by the parties, the Commission determined that the Agreement was fair and met the criteria for approval under section 230 of the Fair Work Act. The Commission found that the process by which the Agreement was negotiated was fair and transparent, and that the terms and conditions of the Agreement were reasonable and likely to result in the resolution of industrial disputes in a fair and equitable manner. The Commission also found that the Agreement complied with the requirements of the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2012.

The Commission approved the proposed Agreement, which will now apply to the employees of KTB Roofing Solutions Pty Ltd covered by the CEPU – Plumbing Division (Vic). The Agreement will provide for a four-year period, commencing on 1 July 2024, and will include provisions relating to wages and conditions, dispute resolution, and other matters relevant to the employment of the employees in the plumbing industry. The Commission's decision provides clarity and certainty for both the employer and the employees, and ensures that the Agreement is fair and compliant with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established