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

[2024] FWCA 1721

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

(AG2024/1449)

PCP SOLUTIONS PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MAY 2024

Application for approval of the PCP Solutions Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026

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 PCP Solutions Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026 (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 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 (the Union) lodged an application for approval of the PCP Solutions Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026 (the Agreement). The application was heard by Commissioner O’Brien. The dispute revolves around the terms and conditions of employment as outlined in the Agreement between the Union and PCP Solutions Pty Ltd. The central legal issue before the Commission was whether the Agreement provided for a fair and reasonable outcome for both parties and complied with relevant industrial laws and standards. The Commission needed to consider the fairness and reasonableness of the Agreement's provisions, including wages, working conditions, and other employment terms.

The Commission examined the Agreement in detail, considering the bargaining positions of both the Union and the employer, as well as the broader economic and industrial context. The Union argued that the Agreement provided for fair compensation and working conditions, while the employer raised concerns about the financial implications of the proposed terms. After careful deliberation, the Commission determined that the Agreement was fair and reasonable. The Commission found that the Agreement adequately balanced the interests of both parties, providing for reasonable wages and conditions that were in line with broader industrial standards. The Commission approved the Agreement, noting its compliance with relevant industrial laws and the fair outcomes it provided for employees.

The Fair Work Commission's approval of the Agreement signifies a resolution to the dispute, ensuring that the terms of employment are fair and reasonable for both the Union and the employer. The final orders of the Commission reflect its determination that the Agreement meets the necessary standards for approval under industrial law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established