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

Case [2024] FWCA 1551


[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

  1. 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 29 April 2024.


DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE524421  PR774299>

Details
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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) applied for the approval of the Workfast Infrastructure Australia Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement for the plumbing industry. The Deputy President, Colman, considered the application for approval.

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.