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

[2024] FWCA 1476

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

(AG2024/1224)

RAW GTO PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2024

Application for approval of the RAW GTO 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 RAW GTO 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 22 April 2024

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, to approve the RAW GTO Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was brought under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the terms and conditions outlined in the proposed enterprise agreement. The agreement, which was the product of negotiations between the union and the employer, aimed to regulate the employment relationship between the union members and the employer for the specified period.

The central legal issues that the Commission had to address involved assessing whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the bargaining outcomes of the parties, if it adhered to the procedural fairness principles, and if it contained provisions that were in line with the objectives of the Act, including promoting high levels of employment, job security, and flexibility in the workplace. Additionally, the Commission had to ensure that the agreement did not discriminate against any group of employees or contravene any minimum standards set by the Fair Work Act.

In delivering its decision, the Commission examined the details of the proposed agreement, including its procedural fairness, its compliance with the Fair Work Act, and its alignment with the broader objectives of the Act. The Commission found that the agreement was the product of genuine and good-faith negotiations between the parties and that it did not contain any discriminatory provisions. Furthermore, the Commission concluded that the agreement's terms and conditions were consistent with the statutory objectives and did not contravene any minimum standards. Accordingly, the Commission approved the RAW GTO Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, as it met the necessary criteria under the Fair Work Act.

The Fair Work Commission's decision to approve the agreement was based on its finding that the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. The Commission's approval of the agreement was made in accordance with section 234 of the Act, and the agreement is now binding on the parties from the date of the Commission's approval. The RAW GTO Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 will govern the employment relationship between the union members and the employer for the specified period, providing a framework for wages, conditions, and other terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established