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

[2024] FWCA 1186

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

(AG2024/915)

PREMIER PLUMBING SERVICE (VICTORIA) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2024

Application for approval of the Premier Plumbing Service (Victoria) 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 Premier Plumbing Service (Victoria) 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 3 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a new enterprise agreement between Premier Plumbing Service (Victoria) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia's Plumbing Division (Vic). The union and the employer had entered into a new enterprise agreement for the years 2024 to 2027, which sought formal approval from the Fair Work Commission. The union and the employer jointly applied for the agreement to be approved, recognising its importance in regulating the terms and conditions of employment for the workers in the plumbing industry in Victoria.

The court was tasked with determining whether the agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. This involved assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, such as ensuring that the agreement provided for fair and reasonable terms and conditions, and that it was negotiated in good faith. Additionally, the court had to consider whether the agreement would provide better outcomes for the employees compared to the existing conditions or awards.

The court found that the agreement met all the necessary statutory requirements and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and dispute resolution mechanisms. The court was satisfied that the agreement had been negotiated in good faith, and that it would provide better outcomes for the employees compared to the existing conditions or awards. The court approved the agreement, acknowledging the importance of the new enterprise agreement in regulating the terms and conditions of employment for the workers in the plumbing industry in Victoria. The agreement was set to take effect from the date of the approval, providing certainty and stability for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established