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

[2024] FWCA 1475

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

(AG2024/1222)

DIGIMECH GROUP (AUST) 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 Digimech Group (Aust) 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 Digimech Group (Aust) 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 involved an application for the approval of a new enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Digimech Group (Aust) Pty Ltd. The proposed agreement, titled the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, was to govern the terms and conditions of employment for the union's members within the specified timeframe. The union and the employer sought the Commission's approval to ensure the agreement's compliance with relevant legislative requirements.

The central legal issue before the Commission was whether the proposed agreement met all the statutory prerequisites for approval under the Fair Work Act 2009. This involved examining the agreement's provisions to ensure it complied with the good faith bargaining provisions, included minimum entitlements as specified in the Fair Work Act, and did not contravene any other statutory obligations. The Commission also had to consider whether the agreement was in the best interests of the employees it sought to cover.

Upon reviewing the agreement, the Commission found that it satisfied all the necessary criteria for approval. The bargaining process was deemed to have been conducted in good faith, with the agreement containing all required minimum entitlements as stipulated in the Fair Work Act. The terms and conditions of the agreement were considered to be fair and reasonable, reflecting the needs of both the employer and the employees. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements and its suitability for the workforce it covered.

The Fair Work Commission approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the Commission's decision. The agreement is to be registered with the Fair Work Ombudsman and will govern the terms and conditions of employment for the union's members within the specified period.

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