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

[2024] FWCA 1996

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

(AG2024/1640)

A.G. COOMBS PTY LTD (PROJECTS) EASTERN SEABOARD (VICTORIA, NEW SOUTH WALES AND QUEENSLAND, INCLUDING SOUTH EAST QUEENSLAND AND NORTH QUEENSLAND) AND CEPU – PLUMBING DIVISION ENTERPRISE AGREEMENT 2024-2027 ON-SITE EMPLOYEES

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2024

Application for approval of the A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland, including South East Queensland and North Queensland) and CEPU – Plumbing Division Enterprise Agreement 2024-2027 On-Site Employees

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 A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland, including South East Queensland and North Queensland) and CEPU – Plumbing Division Enterprise Agreement 2024-2027 On-Site Employees (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.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") to approve a proposed enterprise agreement for employees working on-site in the plumbing division across Victoria, New South Wales, and Queensland, including South East Queensland and North Queensland. The proposed agreement, titled "A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland, including South East Queensland and North Queensland) and CEPU – Plumbing Division Enterprise Agreement 2024-2027 On-Site Employees" was submitted to the Commission for its consideration and approval.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for the appropriate minimum terms and conditions of employment, and whether it had been genuinely negotiated between the parties. The Commission was required to assess the fairness and reasonableness of the agreement in accordance with the principles set out in the Fair Work Act, ensuring that it did not undermine the existing safety nets and did not adversely affect the employment conditions of the employees covered by the agreement.

In making its determination, the Commission considered the submissions and evidence provided by the Applicant and other interested parties, and evaluated the proposed agreement against the statutory criteria. The Commission found that the agreement contained provisions that met the minimum terms and conditions as required by the Fair Work Act, and that it had been genuinely negotiated. The Commission was satisfied that the agreement was fair and reasonable, and did not undermine the existing safety nets or adversely affect the employment conditions of the employees. Accordingly, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approves the "A.G. Coombs Pty Ltd (Projects) Eastern Seaboard (Victoria, New South Wales and Queensland, including South East Queensland and North Queensland) and CEPU – Plumbing Division Enterprise Agreement 2024-2027 On-Site Employees", effective from the date of the Commission's decision. The agreement will now govern the terms and conditions of employment for the relevant employees in the plumbing division across the specified regions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established