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

[2024] FWCA 1472

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

(AG2024/1221)

RISE LABOUR SERVICES 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 Rise Labour Services 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 Rise Labour Services 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 the Rise Labour Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Union and the employer sought the Commission’s endorsement of the agreement, which outlined terms and conditions of employment for employees in the plumbing industry.

The central legal issues before the Commission included whether the agreement was genuinely bargained, free from coercion or undue influence, and whether it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission needed to assess if the agreement contained all the mandated terms and conditions, and if it provided for a minimum rate of pay and conditions that were no less favourable than the applicable national award or registered agreement. The Commission also needed to consider if the agreement included provisions for employee representation, dispute resolution, and if it met the requirements for public registration.

After thorough examination, the Fair Work Commission determined that the agreement was genuinely negotiated and did not contain any elements of coercion or undue influence. The Commission found that all mandatory terms and conditions were included, and the agreement provided for a minimum rate of pay and conditions that met or exceeded those in the applicable national award. Furthermore, the agreement included provisions for employee representation and dispute resolution, which were deemed sufficient. The Commission concluded that the agreement was in compliance with the Fair Work Act and the Fair Work Regulations, and therefore approved the agreement for registration.

As a result of the Commission’s decision, the Rise Labour Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was registered, effective from the date of the decision. This registration ensures that the terms and conditions set out in the agreement are legally binding on the parties and their employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established