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

[2024] FWCA 1201

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

(AG2024/963)

VECTOR FOILTEC PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2024

Application for approval of the Vector Foiltec 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 Vector Foiltec 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 4 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 Vector Foiltec Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's approval of the agreement as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for registration, including compliance with the procedural fairness, good faith bargaining, and the public interest considerations outlined in the Act.

The central legal issues revolved around the procedural fairness of the bargaining process, whether the agreement was reached through genuine good faith bargaining, and whether the agreement was in the public interest. The applicant argued that the agreement was the product of good faith negotiations and that it met all the requirements for approval under the Act. The respondent, Vector Foiltec Pty Ltd, did not contest the procedural fairness or good faith of the bargaining process but focused on ensuring that the agreement aligned with the public interest.

The Commission examined the evidence presented by the applicant regarding the bargaining process and the content of the agreement. The applicant provided documentation and witness statements that demonstrated the integrity and fairness of the negotiations. The Commission concluded that the agreement was the result of genuine bargaining and did not identify any procedural defects. Furthermore, the Commission found that the agreement contained provisions that were in the public interest, including those relating to wages, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission approved the Vector Foiltec Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027 as a registered agreement. The decision was based on the evidence that the agreement was reached through genuine good faith bargaining, was procedurally fair, and was in the public interest. The approval of the agreement ensures that it will be enforceable under the Fair Work Act and will govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established