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

[2024] FWCA 1227

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

(AG2024/994)

GLOBE GROUP MAJOR PROJECTS 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 Globe Group Major Projects 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 Globe Group Major Projects 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.

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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEAIU) and Globe Group Major Projects Pty Ltd applied for the approval of a proposed enterprise agreement. The agreement, titled the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, was the subject of the dispute. The CEEAIU represented employees in the plumbing division of Globe Group, and the proposed agreement sought to set out the terms and conditions of employment for those workers over the next three years.

The legal issues before the Commission involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring the agreement met the criteria for being a "single, clear and complete" agreement, as well as assessing whether it contained appropriate protections for employees, such as minimum wage rates and conditions, and whether it adhered to the "better off overall test." The Commission also had to consider whether the agreement was free from any prohibited content and whether it had been appropriately negotiated.

After reviewing the proposed agreement, the Commission found that it met the necessary criteria for approval. The agreement was deemed to be single, clear, and complete, with appropriate protections for employees. The Commission was satisfied that the agreement passed the better off overall test, meaning employees would not be worse off financially or in terms of conditions compared to their previous arrangements. Additionally, the agreement was free from any prohibited content and was considered to have been appropriately negotiated. Consequently, the Commission approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027.

As a result of the Commission's decision, the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 was approved and came into effect on the date specified in the agreement. This decision provided certainty and stability for both the employees and the employer, ensuring that the terms and conditions of employment were fairly negotiated and met the requirements of the Fair Work Act 2009.

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