| [2024] FWCA 1671 |
| 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
(AG2024/1416)
COLDFLOW MECHANICAL PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027
| Plumbing industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 7 MAY 2024 |
Application for approval of the Coldflow Mechanical 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 Coldflow Mechanical 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 7 May 2024.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1671
- Case
- [2024] FWCA 1671
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, leave, and other entitlements, and whether it was in the interests of achieving a more productive workplace. The Commission also had to ensure that the agreement did not undermine the operation of the safety net of minimum wages and conditions.
In determining whether the agreement was appropriate for approval, the Commission considered the evidence presented by both parties and the broader context of the industry. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other entitlements. The Commission also found that the agreement was in the interests of achieving a more productive workplace and did not undermine the operation of the safety net of minimum wages and conditions. The Commission was satisfied that the agreement met all the necessary criteria for approval.
Accordingly, the Fair Work Commission approved the Coldflow Mechanical Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, finding it to be appropriate for approval. The agreement will now be registered with the Fair Work Ombudsman and will apply to all employees covered by it. The decision provides clarity for the parties involved and sets a precedent for future enterprise agreements in the industry.
Orders
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Background
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Evidence
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