| [2024] FWCA 1532 |
| 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
(AG2024/1258)
UNITED PLUMBING GROUP (COMMERCIAL) 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 United Plumbing Group (Commercial) 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 United Plumbing Group (Commercial) 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
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1532
- Case
- [2024] FWCA 1532
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide involved assessing the fairness and appropriateness of the proposed agreement. This included examining whether the agreement met the statutory criteria for approval, such as whether it provided for the safety and health of employees, and whether it included provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. Additionally, the court had to consider whether the agreement was genuinely negotiated and whether it provided for the fair and equitable treatment of employees, including those who were not party to the agreement.
After reviewing the submissions and evidence presented by both parties, the Deputy President found that the proposed agreement met the statutory criteria for approval. The court was satisfied that the agreement provided for the safety and health of employees, included provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Deputy President also concluded that the agreement was genuinely negotiated and provided for the fair and equitable treatment of employees. As such, the court approved the agreement, subject to certain minor amendments that were necessary to ensure compliance with the relevant legislation.
The final orders of the court approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, subject to the minor amendments identified in the decision. The court also directed that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the decision. The approval of the agreement ensures that employees within the plumbing division of the company will have their terms and conditions of employment regulated by a fair and equitable agreement, providing certainty and stability for both employers and employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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