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

[2024] FWCA 1533

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

(AG2024/1263)

O.P. INDUSTRIES (MELBOURNE) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2024

Application for approval of the O.P. Industries (Melbourne) 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 O.P. Industries (Melbourne) 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 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 case before the Fair Work Commission involved an application for the approval of an enterprise agreement between O.P. Industries (Melbourne) Pty Ltd and the CEPU – Plumbing Division (Vic). The dispute centred on whether the proposed Plumbing Enterprise Agreement 2024 – 2027 met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the court included whether the agreement contained all the mandatory terms and conditions required by the Act, whether it was made in good faith, and whether it complied with the process requirements for enterprise agreements.

The Fair Work Commission began by examining the content of the agreement to ensure it included all mandatory terms and conditions as stipulated in the Act. The court found that the agreement did indeed cover all the necessary areas, such as pay rates, penalty rates, leave provisions, and other employment conditions. The next issue was whether the agreement was made in good faith. The Commission considered evidence from both parties and found that the agreement was the result of genuine negotiations between the employer and the union, with both sides demonstrating a willingness to reach a compromise. Lastly, the court assessed whether the agreement complied with the procedural requirements for enterprise agreements, including the need for a sufficient majority of employees to vote in favour of the agreement. The Commission was satisfied that all procedural steps had been correctly followed, and the majority of employees had endorsed the agreement through a valid voting process.

In conclusion, the Fair Work Commission found that the Plumbing Enterprise Agreement 2024 – 2027 met all the legal criteria for approval. The agreement contained all the mandatory terms and conditions, was made in good faith, and complied with the necessary procedural requirements. As such, the Commission approved the agreement, which will now govern the employment conditions for employees of O.P. Industries (Melbourne) Pty Ltd covered by the agreement for the next three years. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established