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

[2024] FWCA 1556

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

(AG2024/1306)

STATEWIDE VENTILATION 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 Statewide Ventilation 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 Statewide Ventilation 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 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied to the Fair Work Commission for approval of an enterprise agreement between Statewide Ventilation Pty Ltd and the CEPU – Plumbing Division (Vic) for the period 2024 to 2027. The agreement covers employees in the plumbing industry and was lodged under section 185 of the Fair Work Act 2009. The CEPU, as a bargaining representative, notified the Commission of its desire for the agreement to cover it, in line with section 183 of the Act.

The legal issues before the Deputy President were whether the agreement met all the requirements under sections 186, 187, and 188 of the Act that are pertinent to the approval process. Additionally, the Deputy President needed to confirm that the agreement appropriately covered the CEPU as required by section 201(2) of the Act.

Upon reviewing the application and the statutory declaration, the Deputy President determined that all necessary criteria were fulfilled. The agreement met the requirements under sections 186, 187, and 188 of the Fair Work Act, and it was noted that the agreement covered the CEPU. Consequently, the Deputy President approved the Statewide Ventilation Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 on 29 April 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established