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

[2024] FWCA 1649

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

(AG2024/1404)

QUEENSLAND MECHANICAL SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2024

Application for approval of the Queensland Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026

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 Queensland Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026 (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 6 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with Queensland Mechanical Services Pty Ltd, concerning the approval of their collective agreement for the period 2023-2026. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The union and the employer sought to have the agreement recognised and enforced as a registered agreement, which would provide a stable framework for employment conditions during the specified period.

The primary legal issues the Commission had to address were whether the collective agreement was made in good faith, whether it contained the required minimum terms and conditions as stipulated by the Fair Work Act, and if it was fair and reasonable in all its aspects. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employees and the employer, and whether it complied with the procedural requirements set out in the Act.

In its decision, the Commission carefully reviewed the provisions of the agreement, assessing them against the criteria established by the Fair Work Act. The Commission found that the agreement had been made in good faith and contained all the mandated minimum terms and conditions. It was also deemed to be fair and reasonable, striking an appropriate balance between the rights and obligations of the employer and the employees. The agreement complied with all procedural requirements, and therefore, the Commission approved the collective agreement for registration.

The Fair Work Commission approved the Queensland Mechanical Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023-2026, and registered it under the Fair Work Act. This decision ensures that the agreement will provide a lawful and effective framework for employment conditions between the union and the employer during 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