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

[2024] FWCA 1712

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

(AG2024/1424)

CLOSE COMMERCIAL 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 Close Commercial 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 Close Commercial 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.

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 an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Close Commercial Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union sought to have the agreement, which was negotiated with the employer, recognised as a valid enterprise agreement under the Fair Work Act 2009. The employer, Close Commercial Services Pty Ltd, supported the application, while no other parties contested the application.

The central legal issue before the Commission was whether the agreement met the formal requirements for approval under section 229 of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in writing, contained the terms and conditions of employment, and had been agreed to by the union and the employer in good faith. Additionally, the Commission needed to ensure that the agreement did not discriminate against employees and was in compliance with the provisions of the Fair Work Act.

The Commission found that the agreement was in writing and contained all the necessary terms and conditions of employment for the employees covered by the agreement. The union and the employer had negotiated the agreement in good faith, and there was no evidence of discrimination within the agreement. The Commission was also satisfied that the agreement complied with all relevant provisions of the Fair Work Act. Given these findings, the Commission approved the agreement.

The Fair Work Commission approved the Close Commercial Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, recognising it as a valid enterprise agreement under the Fair Work Act 2009. This approval means that the terms and conditions set out in the agreement will apply to the employees covered by it for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established