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

[2024] FWCA 1361

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

(AG2024/1157)

SYFON SYSTEMS PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2024

Application for approval of the Syfon Systems 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 Syfon Systems 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 17 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Syfon Systems Pty Ltd and the CEPU – Plumbing Division – NSW Branch, for the approval of the Plumbing Enterprise Agreement 2023–2027. The agreement was submitted to the Commission for its consideration and potential endorsement, following the stipulated processes under the Fair Work Act 2009. The primary dispute centred on whether the agreement met all legal requirements for approval, including ensuring it provided for the fair and equitable treatment of employees.

The legal issues that arose in this case primarily revolved around the procedural and substantive fairness of the proposed agreement. The Commission had to ensure that the agreement had been genuinely negotiated between the parties, complied with all legislative mandates, and did not unfairly disadvantage any of the employees covered by the agreement. Specific attention was paid to the coverage of employees, the negotiation process, and the contents of the agreement itself, including provisions on wages, working conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement had been genuinely negotiated and complied with all procedural requirements set out in the Fair Work Act. The Commission also concluded that the agreement was fair and equitable, as it provided for reasonable terms and conditions of employment and did not unfairly disadvantage any employees. The agreement was thus approved, recognising its compliance with the necessary legislative standards and the fair treatment of employees. The Commission’s decision provided clarity on the terms of the agreement and set a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established