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

[2024] FWCA 2007

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

(AG2024/1763)

M & L SCOTT PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2024

Application for approval of the M & L Scott 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 M & L Scott 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 31 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and M & L Scott Pty Ltd, with a dispute over the approval of the Plumbing Enterprise Agreement 2024 – 2027. The matter was heard in the Fair Work Commission, which is responsible for making decisions on workplace agreements in Australia.

The legal issues before the court were whether the agreement met the requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court needed to determine if the agreement was fairly and appropriately negotiated, if it complied with the legislative requirements for enterprise agreements, and if it was in the best interests of the employees.

The Fair Work Commission examined the negotiation process and the content of the agreement, taking into account submissions from both parties. The Commission found that the agreement was fairly and appropriately negotiated and that it complied with the legislative requirements. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Therefore, the Commission approved the Plumbing Enterprise Agreement 2024 – 2027.

The Fair Work Commission's decision to approve the Plumbing Enterprise Agreement 2024 – 2027 is a significant outcome for both the union and the employer, as it provides certainty and stability in the workplace. The agreement will now be in effect for the period 2024 – 2027, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established