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

[2024] FWCA 1559

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

(AG2024/1310)

TRIO PLUMBING (AUST) 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 Trio Plumbing (Aust) 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 Trio Plumbing (Aust) 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 has approved the enterprise agreement between Trio Plumbing (Aust) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) – Plumbing Division (Vic). The agreement, which spans from 2024 to 2027, was submitted for approval under section 185 of the Fair Work Act 2009. The application for approval was filed by the CEPU, which is the bargaining representative for the agreement and has indicated its desire for the agreement to cover its members under section 183 of the Act.

The primary legal issues before the court involved determining whether the enterprise agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. These sections outline the criteria that an enterprise agreement must satisfy to be approved by the Fair Work Commission. The court also had to consider whether the agreement met the specific conditions set forth under section 201(2) of the Act, which mandates that the agreement must cover the CEPU as a bargaining representative.

In making its decision, the Deputy President reviewed the material presented in the application and the accompanying statutory declaration. The Deputy President was satisfied that the agreement fulfilled all the necessary requirements under the Fair Work Act. Notably, the CEPU had provided the requisite notice under section 183 of the Act, and the agreement was deemed to cover the union as a bargaining representative under section 201(2). Consequently, the Deputy President approved the agreement on 29 April 2024, thereby finalising the approval process for the enterprise agreement between Trio Plumbing (Aust) Pty Ltd and the CEPU – Plumbing Division (Vic).

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