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

[2024] FWCA 1534

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

(AG2024/1264)

BP PLUMBING AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2024

Application for approval of the BP Plumbing 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 BP Plumbing 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 declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 26 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Plumbing Enterprise Agreement between the Building Plumbers’ Union and the CEPU Plumbing Division (Victoria) for the period 2024 to 2027. The union sought to have the agreement certified as a registered enterprise agreement under the Fair Work Act 2009, ensuring it would be legally binding on both parties and enforceable through the Commission.

The central legal issues before the Commission were whether the agreement complied with the formal requirements for certification as an enterprise agreement and whether it met the ‘better off overall test’ (BOOT). The latter test requires that the terms of the agreement be at least as good as the applicable award or the general industrial awards, considering not just the financial implications but also any non-financial benefits and detriments.

In rendering its decision, the Commission first examined the formal requirements of the agreement, confirming that all necessary notifications and consultations had been conducted in accordance with the Act. It was satisfied that the union had appropriately represented its members and that the agreement had been duly executed. Regarding the BOOT, the Commission assessed the financial and non-financial terms of the agreement, taking into account the industry context and the parties' bargaining positions. It found that the proposed agreement provided employees with benefits that were at least as good as those provided by the applicable awards, thus meeting the statutory requirements for approval. Consequently, the Commission certified the agreement as a registered enterprise agreement, effective from the date of the decision.

The Commission ordered that the agreement be registered and enforceable under the Fair Work Act, with the terms binding upon both the union and the employers covered by the agreement. The certification ensures that the terms of the agreement will govern the employment conditions of the employees during the specified period, subject to any further orders or variations that may be made by the Commission in the future.

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