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

[2024] FWCA 1593

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

(AG2024/1359)

AUSCOOL AIRCONDITIONING & MECHANICAL SERVICES 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 Auscool Airconditioning & Mechanical 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 Auscool Airconditioning & Mechanical 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 2 May 2024.

DEPUTY PRESIDEN
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, the Fair Work Commission was called upon to assess the agreement. The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the enterprise agreement which had been negotiated with the employer, Auscool Airconditioning & Mechanical Services Pty Ltd. The agreement in question covers the period from 2024 to 2027 and pertains to the terms and conditions of employment for the union members within the plumbing division of the enterprise.

The primary legal issues that the Commission needed to address involved whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement had been made in good faith, was free from any coercion or undue influence, and whether it provided for terms and conditions of employment that were fair and reasonable. The Commission also needed to assess if the agreement provided for proper mechanisms for resolving disputes and if it adhered to any relevant awards or registered agreements.

Upon examination, the Commission found that the agreement had been negotiated in good faith and was free from any coercion or undue influence. The terms of the agreement were deemed to be fair and reasonable, taking into account the economic circumstances and the bargaining positions of both parties. The agreement included provisions for resolving disputes and provided for appropriate mechanisms for addressing any issues that may arise. Furthermore, the Commission was satisfied that the agreement did not undermine any relevant awards or registered agreements. Consequently, the Commission approved the enterprise agreement, finding it to meet the necessary legislative requirements.

In conclusion, the Fair Work Commission approved the Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The Commission determined that the agreement was fair and reasonable, negotiated in good faith, and provided for adequate dispute resolution mechanisms. The approval of the agreement ensures that the terms and conditions of employment for the union members within the plumbing division are governed by a legally binding and fair enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established