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

[2024] FWCA 1672

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

(AG2024/1417)

JONES & JONES MASTER PLUMBERS PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2024

Application for approval of the Jones & Jones Master Plumbers Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027

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 Jones & Jones Master Plumbers Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 (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 7 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU - Plumbing Division – NSW Branch, to seek approval of the Jones & Jones Master Plumbers Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. This application was made under the Fair Work Act 2009, as the union sought to have the enterprise agreement registered with the Fair Work Commission. The dispute centred on the procedural fairness of the agreement, specifically whether the union had properly consulted with its members before submitting the agreement for approval.

The central legal issue before the court was whether the union had acted in accordance with the requirements of the Fair Work Act in consulting with its members before the application for approval was made. The court had to determine if the union's process for consultation was adequate and if the agreement reflected the wishes of the union members. This involved an examination of the union's actions in soliciting feedback, the methods used to gather member input, and the extent to which the union had taken into account the views of its members in finalising the agreement.

After reviewing the evidence presented, the court found that the union had indeed undertaken a robust process of consultation with its members. The court noted that the union had provided multiple opportunities for members to provide feedback, had actively sought input, and had made efforts to ensure that the agreement reflected the collective views of the members. The court also highlighted that the union had taken steps to address concerns raised during the consultation process and had made amendments to the agreement where necessary. Consequently, the court was satisfied that the union had acted in accordance with the requirements of the Fair Work Act and approved the application for registration of the enterprise agreement.

The final order of the court was that the Jones & Jones Master Plumbers Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 be approved and registered with the Fair Work Commission. This decision confirmed the validity of the agreement and ensured that it would be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established