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

[2024] FWCA 1590

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

(AG2024/1352)

SHARPE INDUSTRIES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MAY 2024

Application for approval of the Sharpe Industries 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 Sharpe Industries 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 2 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval of the Sharpe Industries Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 from the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the need for the agreement to be in writing, to be free from coercion and undue influence, and to be certified by the Commission.

The primary legal issue before the Court was to determine whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement was appropriately negotiated, whether it contained all the necessary provisions, and whether it provided for the proper protection of the employees' rights and interests. The Court also had to consider whether the agreement met the standards of procedural fairness and whether it complied with the requirements for approval under the Act.

The Fair Work Commission found that the agreement was appropriately negotiated and contained all the necessary provisions, including those relating to the terms and conditions of employment, dispute resolution, and other relevant matters. The Commission also found that the agreement was free from coercion and undue influence and that it met the standards of procedural fairness. Based on these findings, the Commission approved the agreement, and it is now a legally binding contract between the parties. This decision provides certainty for both the employer and the employees and ensures that their rights and interests are properly protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established