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

[2024] FWCA 1471

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

(AG2024/1206)

TOP UP LABOUR HIRE 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 Top Up Labour Hire 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 Top Up Labour Hire 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of a proposed enterprise agreement between Top Up Labour Hire Pty Ltd and the CEPU – Plumbing Division (Vic). The union argued that the agreement met the necessary criteria for endorsement, including that it provided for a fair and efficient workplace, and that it was not contrary to public policy. Top Up Labour Hire Pty Ltd supported the application, asserting that the agreement was fair and equitable for both parties.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved determining if the agreement provided for the proper functioning of the enterprise, and if it contained appropriate mechanisms for dispute resolution. The Commission also had to assess whether the agreement adhered to any relevant public policy considerations, such as ensuring employees were not disadvantaged.

The Fair Work Commission examined the provisions of the agreement and found that it contained adequate terms for a fair and efficient workplace, including provisions for employee engagement, dispute resolution mechanisms, and provisions relating to pay and conditions. The Commission also found that the agreement did not contravene any public policy considerations. It was noted that the agreement provided for a clear framework for the operation of the enterprise and contained provisions that were beneficial for both the employees and the employer.

The Commission approved the agreement, noting that it met all the necessary requirements for endorsement. It was determined that the agreement provided for a fair and efficient workplace and contained adequate provisions for dispute resolution and other relevant matters. The agreement was found to be in the best interests of both parties and did not contravene any public policy considerations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established