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

[2024] FWCA 1725

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

(AG2024/1436)

PROMECH MECHANICAL SERVICES 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 Promech 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 Promech 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.

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

The matter before the Fair Work Commission involved the application for the approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Promech Mechanical Services Pty Ltd. The agreement, titled CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, was submitted for the Commission’s consideration and potential endorsement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing the agreement against provisions ensuring it was free from prohibited content, that it had been fairly negotiated, and that it contained minimum terms and conditions in line with the law.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for enterprise agreements. Specifically, the Commission had to consider if the agreement contained any provisions that were contrary to the Fair Work Act, if the negotiation process was conducted in good faith, and if the agreement provided for minimum terms and conditions that were at least as favourable as the relevant industrial instrument or the national system of minimum wages and conditions. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' job security and that it adhered to procedural fairness in its creation.

In delivering its decision, the Commission thoroughly examined the terms of the proposed agreement and the evidence presented regarding the negotiation process. The Commission found that the agreement was free from any prohibited content, was the product of genuine negotiation, and contained terms that were at least as favourable as the national minimum standards. The Commission also concluded that the agreement did not negatively impact job security and that procedural fairness had been observed throughout the agreement's development. Consequently, the Commission approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. This approval validates the agreement as meeting all legal requirements, ensuring that it provides fair and lawful terms for the employees covered by the agreement. The Commission's decision confirms the agreement's compliance with the statutory obligations under the Fair Work Act 2009, thus enabling its implementation between the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established