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

[2024] FWCA 1558

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

(AG2024/1307)

EASTERN EDGE PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2024

Application for approval of the Eastern Edge Plumbing 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 Eastern Edge Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the FairWork Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have 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 29 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for the approval of the Eastern Edge Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The Agreement, a single enterprise agreement within the plumbing industry, was subject to scrutiny under section 185 of the Fair Work Act 2009. The Deputy President of the Commission, Colman, presided over the application which took place in Melbourne on 29 April 2024. The primary legal issue before the Deputy President was whether the Agreement met all the requirements for approval as stipulated in sections 186, 187, and 188 of the Fair Work Act 2009.

Upon examining the material presented in the application and the accompanying statutory declaration, the Deputy President found that all relevant requirements for approval had been met. The CEPU, acting as the bargaining representative for the Agreement, had also notified the Commission of its intent for the Agreement to cover its members, as required by section 183 of the Fair Work Act 2009. The Deputy President further noted, in accordance with section 201(2) of the Act, that the Agreement indeed covers the CEPU. Following the satisfaction of these conditions, the Deputy President approved the Agreement on the same day as the hearing, 29 April 2024.

The Fair Work Commission approved the Eastern Edge Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, thereby resolving the application for approval. This decision confirms the Agreement's compliance with the Fair Work Act 2009 and ensures that it will govern the terms and conditions of employment for the covered employees during the specified period.

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