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

[2024] FWCA 1934

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

(AG2024/1668)

LEEMARK INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the Leemark Industries 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 Leemark Industries 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 28 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Leemark Industries Pty Ltd, who were in dispute regarding the approval of the Plumbing Enterprise Agreement 2024-2027. The matter was brought before the Fair Work Commission, which has jurisdiction over employment-related disputes in Australia.

The primary legal issue that the Commission had to address was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees and complied with the provisions of the Act, including the "better off overall test" which ensures that employees are not worse off under the new agreement than they would be under the previous agreement or applicable award.

The Commission examined the evidence and submissions presented by both parties. It considered the economic and non-economic benefits of the agreement, as well as the views of the employees. The Commission found that the agreement was in the best interests of the employees and complied with the Act, including the better off overall test. The agreement provided for a reasonable increase in wages and improved working conditions, which outweighed any potential disadvantages. The Commission approved the agreement, and it will now be in effect from the date of the decision.

The Fair Work Commission approved the Leemark Industries Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027. This decision ensures that the employees will benefit from the agreed-upon terms and conditions of employment, and it provides certainty and stability in the employer-employee relationship.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established