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

[2024] FWCA 1847

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

(AG2024/1561)

HYDRABUILD (NSW) PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2024

Application for approval of the Hydrabuild (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing 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 Hydrabuild (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing 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 21 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU – Plumbing Division – NSW Branch, as well as Hydrabuild (NSW) Pty Ltd. The union sought approval of the Plumbing Enterprise Agreement 2023–2027, which was to be applied to employees engaged by Hydrabuild. The primary dispute centred on the procedural and substantive fairness of the agreement, with a focus on whether the union had properly represented its members and whether the agreement itself met the statutory requirements for approval.

The legal issues at hand required the court to determine whether the union had conducted proper and lawful processes in negotiating the agreement and whether the agreement itself complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to examine whether the union had acted in good faith, whether it had appropriately represented the interests of its members, and whether the terms of the agreement were fair and reasonable in all respects.

The court examined the evidence provided by both parties, including the union's conduct during the negotiation process and the terms of the proposed agreement. It was found that the union had engaged in good faith negotiations, had adequately represented its members, and that the agreement contained terms that were fair and reasonable. The court took into account the complexities of the industry, the economic context, and the specific needs of the employees. Based on these findings, the court approved the agreement, concluding that it met all necessary legal standards.

The final orders of the court were that the Plumbing Enterprise Agreement 2023–2027 between Hydrabuild (NSW) Pty Ltd and the CEPU – Plumbing Division – NSW Branch was approved and could be registered under the Fair Work Act 2009. This decision provided clarity and certainty for both the union and the employer, ensuring that the agreement would be legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established