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

[2024] FWCA 1355

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

(AG2024/1130)

POLARIS MECHANICAL 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 Polaris Mechanical 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 Polaris Mechanical 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 case before the court was between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Polaris Mechanical Pty Ltd, involving an application for approval of the Polaris Mechanical Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative provisions and if it was in the best interests of the employees covered by the agreement.

The legal issues before the court included the need to determine whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and if the agreement was free from any improper influence or coercion. Additionally, the court needed to consider if the agreement provided adequate protection for the employees' rights and if it was fair and reasonable in all its aspects.

In reaching its decision, the court examined the terms of the agreement in detail and considered the submissions from both parties. The court found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as required by law. It was also determined that the agreement was free from any improper influence or coercion and provided adequate protection for the employees' rights. The court concluded that the agreement was fair and reasonable and in the best interests of the employees.

The court approved the Polaris Mechanical Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027, and the agreement will now be legally binding between the parties. The union and the employer are now required to adhere to the terms and conditions outlined in the agreement for the duration of its validity.

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