| [2024] FWCA 1551 |
| 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
(AG2024/1292)
WORKFAST INFRASTRUCTURE AUSTRALIA 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 Workfast Infrastructure Australia 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 Workfast Infrastructure Australia 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
<AE524421 PR774299>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1551
- Case
- [2024] FWCA 1551
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining whether the CEPU, as a bargaining representative for the Agreement, had fulfilled the necessary requirements under sections 186, 187, and 188 of the Fair Work Act for the approval of the Agreement. It was also necessary to verify if the Agreement met the criteria under section 201(2) and whether it was intended to cover the CEPU. The Deputy President needed to ensure that all conditions for approving the enterprise agreement were met and that the Agreement was comprehensive and appropriate for the plumbing industry.
The Deputy President reviewed the material submitted with the application and the accompanying statutory declaration. Based on the information provided, the Deputy President concluded that all relevant requirements under the Fair Work Act had been satisfied. The CEPU had notified its intent for the Agreement to cover it, as required by section 183 of the Act, and the Agreement was indeed intended to cover the CEPU as stipulated by section 201(2). The Deputy President approved the Agreement on 29 April 2024, confirming its validity and appropriateness for the plumbing industry.
The final orders of the Deputy President were that the Workfast Infrastructure Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was approved. This decision ensures that the Agreement is legally binding and enforceable within the specified industry.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.