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

[2024] FWCA 1202

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

(AG2024/921)

FLOWRITE HVAC PROJECTS PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2024

Application for approval of the Flowrite HVAC Projects Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) 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 Flowrite HVAC Projects Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) 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 4 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, along with the CEPU - Plumbing Division NSW Branch, applied for approval of the Flowrite HVAC Projects Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The agreement pertains to the terms and conditions of employment for employees of Flowrite HVAC Projects Pty Ltd, a company involved in heating, ventilation, and air conditioning services. The union and the employer sought the Commission's approval to ensure the agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it was made in good faith. The Commission needed to determine if the agreement addressed all the required bargaining items and if it contained terms that were not contrary to public policy or unfair. The union and the employer argued that the agreement was a product of genuine negotiations and met all necessary criteria for approval.

The Commission found that the agreement was made in good faith and contained terms that were not contrary to public policy or unfair. The agreement covered all required bargaining items and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, noting that it balanced the interests of both the employer and the employees. The union and the employer were satisfied with the outcome, and the agreement was set to take effect from the specified date.

The final orders of the Commission included the approval of the enterprise agreement, which would govern the employment terms and conditions for the employees of Flowrite HVAC Projects Pty Ltd. The agreement was to be registered with the Fair Work Commission and would be in effect until the end of the specified period or until superseded by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established