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

[2024] FWCA 1228

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

(AG2024/1003)

D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 APRIL 2024

Application for approval of the D&W Plumbing and Civil Contractors 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 D&W Plumbing and Civil Contractors 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 5 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members in the plumbing division, to approve the Plumbing Enterprise Agreement between D&W Plumbing and Civil Contractors Pty Ltd and the union for the period 2023-2027. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would make it legally binding on the parties and their employees. The employer, D&W Plumbing and Civil Contractors Pty Ltd, did not oppose the application for approval.

The primary legal issue the Commission had to decide was whether the agreement met the requirements for registration under the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was free from prohibited content. The Commission also had to consider whether the agreement was made in accordance with the relevant procedural requirements, such as the proper notification of the agreement to relevant parties.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The union had provided evidence of the bargaining process and the employer's willingness to negotiate. The agreement also included provisions on wages, hours of work, and other employment conditions, which met the minimum standards set out in the Fair Work Act. The Commission was satisfied that the agreement was free from any prohibited content, such as provisions that would undermine the right to freedom of association or the right to organise. The Commission also found that the agreement had been made in accordance with the relevant procedural requirements, with proper notification to the relevant parties. Based on these findings, the Commission approved the agreement and ordered that it be registered as a registered agreement under 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