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

[2024] FWCA 1848

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

(AG2024/1565)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2024

Application for approval of the Planet Plumbing (Vic) 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 Planet Plumbing (Vic) 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.

While the application is generally in order, the notice of employee representational rights that was provided to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 21 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of the Planet Plumbing (Vic) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The Fair Work Commission was asked to approve the agreement between the employer and the union, ensuring it met the necessary standards and requirements under the Fair Work Act 2009. The applicant union, CEPU, sought the Commission's approval of the agreement which was to regulate the employment conditions of plumbers within the specified enterprise.

The key legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act 2009, including whether it contained all the prescribed terms and provisions. The Commission needed to ensure that the agreement provided fair and reasonable terms for employees, was not contrary to public policy, and was made in good faith. Additionally, the Commission had to consider whether the agreement adequately represented the interests of the employees and whether the process for its formation was fair and transparent.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The agreement contained all the required terms and provisions, including those related to wages, conditions, dispute resolution, and other employment standards. The Commission was satisfied that the agreement was made in good faith, provided fair and reasonable terms for employees, and did not contravene public policy. The Commission also noted that the process for the agreement's formation was fair and transparent, with appropriate representation from both parties.

The Fair Work Commission approved the Planet Plumbing (Vic) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, ensuring that it would regulate the employment conditions of plumbers within the specified enterprise in accordance with the Fair Work Act 2009.

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