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

[2024] FWCA 1212

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

(AG2024/916)

BL AIRCONDITIONING 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 BL Airconditioning 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 BL Airconditioning 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 BL Airconditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union and the employer submitted the agreement for approval, and the Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred on whether the agreement contained all the mandatory terms and conditions required by the legislation and whether it was made in good faith and without coercion.

The key legal issues the Commission had to address were whether the agreement satisfied the mandatory requirements of the Fair Work Act, including provisions on minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also had to assess whether the agreement was genuinely negotiated between the parties and whether it was made without any improper influence or coercion. Additionally, the Commission examined whether the agreement included appropriate safeguards to ensure that employees were not disadvantaged compared to those covered by the relevant award.

In its decision, the Commission found that the agreement met all the necessary statutory requirements and was genuinely negotiated in good faith. The agreement contained all the mandatory terms and conditions stipulated by the Fair Work Act, including provisions for minimum wages, leave entitlements, and dispute resolution. The Commission was satisfied that the agreement was not made under any duress or improper influence and that it provided adequate protections for employees. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement between the union and the employer.

The Fair Work Commission approved the BL Airconditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. The approval confirmed the agreement as a lawful and binding contract between the union and the employer, ensuring that employees would be covered by the terms and conditions outlined in the agreement 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