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

[2024] FWCA 1719

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

(AG2024/1447)

CODEX PLUMBING COMMERCIAL 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 Codex Plumbing Commercial 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 Codex Plumbing Commercial 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 case before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Plumbing Enterprise Agreement 2024-2027 between Codex Plumbing Commercial Pty Ltd and the CEPU – Plumbing Division (Vic). The union sought the court's endorsement of the proposed agreement, which outlined terms and conditions of employment for workers within the specified period. The court's role was to ensure that the agreement met the legal requirements under the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the legislation. Specifically, the court had to consider whether the agreement was made in good faith, and whether it provided for the resolution of disputes between the employer and employees. Additionally, the court examined whether the agreement met the criteria for being considered a "small business agreement" under the Fair Work Act, as this could affect the level of scrutiny applied to the agreement.

In delivering the judgment, the court found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court noted that the agreement included provisions for the resolution of disputes, which was a positive aspect. Furthermore, the court determined that the agreement did not qualify as a "small business agreement," and thus required a higher level of scrutiny. Despite this, the court concluded that the agreement met all the necessary legal standards and was fair and reasonable for the employees involved. Consequently, the court approved the agreement, allowing it to take effect as intended.

The final orders of the court were that the Plumbing Enterprise Agreement 2024-2027 between Codex Plumbing Commercial Pty Ltd and the CEPU – Plumbing Division (Vic) be approved and registered under the Fair Work Act 2009. The court's decision ensured that the agreement could now be implemented, providing certainty and stability for both the employer and employees within the specified period.

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