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

[2024] FWCA 1225

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

(AG2024/967)

MELBOURNE ELITE PLUMBING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 APRIL 2024

Application for approval of the Melbourne Elite Plumbing 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 Melbourne Elite Plumbing 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.

While the application is generally in order, the notice of employee representational rights (NERR) provided to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 5 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 Melbourne Elite Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The application was brought by the union and the employer, who sought the Commission's endorsement of the proposed agreement, which outlined the terms and conditions of employment for the employees covered by the agreement.

The primary legal issues the Commission had to address were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for a "better off overall test" (BOOT). The Commission had to consider if the agreement provided for terms and conditions that were at least as good as the applicable award or applicable terms in the relevant industry, and whether it ensured that employees were not worse off overall. Additionally, the Commission examined whether the agreement contained all the mandated minimum terms and conditions and if it was consistent with Australia's industrial relations framework.

The Commission concluded that the agreement met all the statutory requirements under the Fair Work Act. It determined that the agreement provided for terms and conditions that were not less favourable than the relevant award and met the BOOT. The Commission found that the agreement contained all the required minimum terms and conditions and was consistent with Australia's industrial relations framework. Consequently, the Commission approved the agreement, recognising it as a valid enterprise agreement.

The Fair Work Commission approved the Melbourne Elite Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, endorsing it as a lawful and effective enterprise agreement. The decision validated the agreement's terms and conditions, ensuring that they were not less favourable than the relevant award and met the requirements for the better off overall test. This approval provided certainty and stability for the employees and employers covered by the agreement, reflecting the parties' commitment to a fair and balanced industrial relations environment.

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