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

[2024] FWCA 1209

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

(AG2024/947)

QUICK PLUMBING GROUP PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2024

Application for approval of the Quick Plumbing Group 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 Quick Plumbing Group 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 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 sought approval of a proposed enterprise agreement with Quick Plumbing Group Pty Ltd. The union argued that the agreement contained terms and conditions that were fair and reasonable, while the employer contended that certain provisions were unreasonable and should not be approved. The matter was heard by the Commission, which was required to assess the fairness and reasonableness of the proposed agreement under the Fair Work Act 2009.

The Commission needed to determine whether the terms and conditions outlined in the proposed agreement were fair and reasonable. This involved examining the agreement's provisions to ensure they met the statutory requirements of the Fair Work Act, which mandates that enterprise agreements must be fair and reasonable in various aspects, including the terms and conditions of employment, the process for resolving disputes, and the procedures for making the agreement. The Commission also needed to consider whether the agreement provided adequate protection for employees' rights and interests, and whether it was consistent with broader labour market principles.

After reviewing the proposed agreement, the Commission concluded that certain provisions were not fair and reasonable. Specifically, the Commission found that some terms and conditions did not adequately protect employees' rights and interests, and were inconsistent with broader labour market principles. Consequently, the Commission did not approve the proposed agreement. The employer and the union were given an opportunity to negotiate and revise the agreement to address the Commission's concerns, with the aim of reaching a fair and reasonable agreement that could be approved by the Commission.

No final orders were made in this instance, as the matter was returned to the parties to negotiate a revised agreement. The Commission emphasised the importance of ensuring that enterprise agreements provided fair and reasonable terms and conditions for employees, and that they were consistent with broader labour market principles. The outcome of this case highlights the need for employers and unions to carefully consider the provisions of proposed enterprise agreements and to ensure that they meet the statutory requirements of 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