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

[2024] FWCA 1726

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

(AG2024/1445)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MAY 2024

Application for approval of the DB Hydraulic Plumbing 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 DB Hydraulic Plumbing 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 10 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a new enterprise agreement with DB Hydraulic Plumbing Pty Ltd and the CEPU – Plumbing Division (Vic). The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the statutory provisions, including its coverage, fairness, and whether it was made in good faith.

The primary legal issues before the Commission involved whether the agreement had been made in accordance with the requirements of the Act, including whether the agreement had been negotiated in good faith, whether it contained the mandated minimum terms and conditions, and whether it provided for the proper representation of employees. The Commission also had to consider whether the agreement met the criteria for being a single, integrated agreement as required by the legislation.

In examining the application, the Commission assessed the processes followed in negotiating the agreement, the content of the agreement itself, and whether it provided fair and reasonable terms and conditions for the employees. The Commission determined that the agreement was made in good faith and met all the statutory requirements. The Commission found that the agreement was fair and reasonable, providing for the mandated minimum terms and conditions and ensuring proper representation of the employees. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the DB Hydraulic Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, finding it to be fair and reasonable, made in good faith, and compliant with the requirements of the Fair Work Act 2009. This decision ensures that the agreement will govern the employment terms and conditions of the employees for the specified period, providing a stable and legally compliant framework for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established