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

[2024] FWCA 1873

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

(AG2024/1581)

QUADRANT MECHANICAL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2024

Application for approval of the Quadrant Mechanical Services 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 Quadrant Mechanical Services 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 22 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by their authorised officer, and Quadrant Mechanical Services Pty Ltd, represented by their authorised officer. The dispute was regarding the application for approval of the Quadrant Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue that the Commission had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, did not adversely affect employees who were not party to the agreement, and complied with the various provisions of the Act. The Commission also had to consider if the agreement had been made in good faith and whether the required procedural steps had been properly followed.

In reaching its decision, the Commission found that the agreement provided for fair and reasonable terms and conditions, did not adversely affect non-party employees, and complied with the relevant provisions of the Act. The Commission was satisfied that the agreement had been made in good faith and that the necessary procedural steps had been followed. Consequently, the Commission approved the application for the agreement to be registered, thereby making it a legally binding contract between the parties involved.

The Fair Work Commission approved the application for the agreement to be registered, and it became a legally binding contract between the parties. The decision was made in accordance with the relevant provisions of the Fair Work Act 2009 and the Commission's own regulations and guidelines. The agreement will now govern the terms and conditions of employment for the employees covered by it, until it expires or is replaced by a new agreement.

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