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

[2024] FWCA 1933

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

(AG2024/1638)

SP AIR CONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the SP Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027

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 SP Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 (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 case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve a new enterprise agreement between SP Air Conditioning Pty Ltd and the CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The union sought to ensure that the agreement was fair and met the necessary standards under the Fair Work Act 2009.

The key legal issues the commission needed to address included whether the agreement provided for terms and conditions that were procedurally and substantively fair. The commission had to examine the process by which the agreement was negotiated, whether it included minimum entitlements, and if it aligned with the Fair Work Act's objectives of creating a fair and productive workplace. Additionally, the commission had to determine whether the agreement met the requirements for "agreement in principle" as stipulated in the Fair Work Regulations 2009.

The Fair Work Commission found that the enterprise agreement was negotiated in good faith and that it included terms that were fair and reasonable. The commission noted that the agreement provided for wages and conditions that were consistent with the broader industry standards, and it contained provisions for dispute resolution and other procedural matters that met the requirements of the Fair Work Act. The commission also found that the agreement aligned with the principles of the Fair Work Act by promoting productivity and fairness in the workplace.

The commission approved the enterprise agreement, recognising its compliance with the legal standards and its potential to foster a cooperative and productive working environment. The approval was subject to certain conditions and reporting requirements to ensure ongoing compliance and effectiveness of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established