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

[2024] FWCA 1714

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

(AG2024/1435)

CROFT CONTRACTING 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 Croft Contracting 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 Croft Contracting 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) made an application to the Fair Work Commission (the Commission) for approval of the Croft Contracting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The Union sought approval of the Agreement as a registered enterprise agreement under section 234 of the Fair Work Act 2009. The application was contested by Croft Contracting Pty Ltd (the Employer).

The legal issue before the Commission was whether the Agreement was an appropriate enterprise agreement, as defined in section 172 of the Fair Work Act. The Commission had to consider whether the Agreement had been made in good faith, and whether it complied with the requirements of the Fair Work Act. The Commission also had to consider whether the Agreement would have a detrimental effect on employees, and whether it was likely to lead to improved productivity, efficiency or profitability.

The Commission found that the Agreement was made in good faith and complied with the requirements of the Fair Work Act. The Commission also found that the Agreement would not have a detrimental effect on employees, and that it was likely to lead to improved productivity, efficiency or profitability. The Commission approved the Agreement as a registered enterprise agreement, and it will now apply to the employees of the Employer covered by the Agreement.

The Commission approved the Agreement as a registered enterprise agreement, and it will now apply to the employees of the Employer covered by the Agreement. The Commission also ordered that the Agreement be registered with the Fair Work Commission, and that a copy of the Agreement be provided to the Employer and the Union. The Employer and the Union have the right to apply to the Commission for a variation of the Agreement, or to terminate the Agreement in accordance with the provisions of the Fair Work Act.

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