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

[2024] FWCA 1473

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

(AG2024/1215)

BROWNIE’S PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2024

Application for approval of the Brownie’s Plumbing Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027

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 Brownie’s Plumbing Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 (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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU – Plumbing Division – NSW Branch, lodged an application for approval of the Brownie’s Plumbing Services Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The dispute centred around the terms of the enterprise agreement and whether they met the legal criteria for approval. The Commission was tasked with determining if the agreement was fairly negotiated and if it adhered to the relevant provisions of the Fair Work Act 2009.

The primary legal issues that the Commission had to resolve were whether the agreement was genuinely negotiated between the parties, whether it contained the mandatory terms as prescribed by the Fair Work Act, and whether it complied with the procedural requirements for making an enterprise agreement. Additionally, the Commission had to assess if the agreement provided fair and reasonable terms and conditions for the employees covered by it.

The Fair Work Commission found that the agreement was fairly negotiated and contained all the mandatory terms required by the Act. The Commission determined that the parties had followed the necessary procedural steps in making the agreement. Furthermore, the Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees. As a result, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Brownie’s Plumbing Services Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027, effective from 1 July 2023. The agreement will now serve as the basis for the terms and conditions of employment for the employees covered by it, until such time as a new enterprise agreement is made or the existing one is terminated in accordance with the Fair Work Act.

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