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

[2024] FWCA 1366

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

(AG2024/1158)

COUNTRY AIR PLUMBING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2024

Application for approval of the Country Air Plumbing Services Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) 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 Country Air Plumbing Services Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) 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 17 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by the CEPU – Plumbing Division NSW Branch, and Country Air Plumbing Services Pty Ltd. The nature of the dispute centred around the application for approval of the Enterprise Agreement between the parties for the period 2023–2027. The court involved was the Fair Work Commission, which has the authority to approve, reject, or seek amendments to enterprise agreements under the Fair Work Act 2009.

The legal issues that the court needed to decide included whether the agreement met the requirements under the Fair Work Act, specifically whether it provided for the protection of employees' rights, the facilitation of workplace flexibility, and the promotion of workplace efficiency. The court also had to consider if the agreement adhered to the "better off overall test" and whether it contained provisions that were contrary to public policy.

In its reasoning, the Fair Work Commission considered the provisions of the agreement and the submissions from both parties. The court found that the agreement was consistent with the objectives of the Fair Work Act, providing adequate protections for employees while also allowing for flexibility and efficiency in the workplace. The commission noted that the agreement provided for fair wages and conditions, and that it did not contain any provisions that were contrary to public policy. Therefore, the commission approved the agreement, finding it to be compliant with the statutory requirements.

As a result of the court's decision, the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Country Air Plumbing Services Pty Ltd for the period 2023–2027 was approved. This approval means that the agreement will now govern the terms and conditions of employment for the employees covered by the agreement, subject to the provisions of 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