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

[2024] FWCA 1211

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

(AG2024/949)

FAULKNER ROOFING 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 Faulkner Roofing 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 Faulkner Roofing 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 case involved an application for the approval of the Faulkner Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The union and the employer had reached an agreement on the terms of the enterprise agreement, which was now subject to approval by the Fair Work Commission. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval, including whether it provided for the fair and equitable treatment of employees.

The central legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for the fair and equitable treatment of employees, whether it included appropriate mechanisms for resolving disputes, and whether it complied with the requirements for the approval of enterprise agreements generally. The court also had to consider whether the agreement was in the best interests of the employees and whether it provided for their fair and equitable treatment.

The court found that the enterprise agreement met the statutory requirements for approval. The agreement provided for the fair and equitable treatment of employees, including provisions for the resolution of disputes and the protection of employee rights. The court was satisfied that the agreement was in the best interests of the employees and that it complied with all relevant provisions of the Fair Work Act. The court approved the enterprise agreement, finding that it met all the necessary criteria for approval.

The Fair Work Commission approved the Faulkner Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would be binding on all parties from the date of registration. The court emphasised the importance of enterprise agreements in promoting fair and equitable treatment of employees and the need for such agreements to comply with all relevant statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established