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

[2024] FWCA 1353

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

(AG2024/1129)

MCPHERSON PLUMBING SERVICES 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 McPherson Plumbing Services 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 McPherson Plumbing Services 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by the CEPU - Plumbing Division – NSW Branch, sought approval for a proposed enterprise agreement with McPherson Plumbing Services Pty Ltd. The union argued that the agreement was a suitable basis for a modern award, as it met the criteria outlined in section 230 of the Fair Work Act 2009, including being fair and appropriate for the workforce.

The legal issues before the commission centred on whether the proposed agreement was procedurally and substantively sound, in line with the requirements of the Fair Work Act. Key concerns included whether the agreement provided fair terms and conditions for the employees, and whether the union had followed the necessary procedures in negotiating and presenting the agreement.

The commission considered the evidence provided by both parties and the provisions of the proposed agreement. It found that the agreement contained terms and conditions that were fair and reasonable, and that the union had followed appropriate processes in its negotiation and presentation. The commission concluded that the agreement met the criteria for approval under the Fair Work Act, and it granted approval for the proposed enterprise agreement to take effect. The approval ensures that the agreement will serve as a modern award for the employees covered by the agreement, providing them with a framework of employment terms and conditions.

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