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

[2024] FWCA 1189

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

(AG2024/961)

SJS MECHANICAL SERVICES 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 SJS Mechanical Services 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 SJS Mechanical Services 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) sought approval of the SJS Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) from the Fair Work Commission. The dispute arose because the Union and the employer had reached an agreement on various terms and conditions of employment but needed the Fair Work Commission's approval to ensure compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the Agreement contained the necessary provisions to ensure it was in the best interests of the employees and complied with the relevant legislative framework. The Commission also had to assess whether the Agreement was made in good faith and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the Agreement.

In reaching its decision, the Commission considered the provisions of the Fair Work Act 2009 and the evidence presented by both the Union and the employer. The Commission found that the Agreement contained provisions that met the legislative requirements and were in the best interests of the employees. The Commission also found that the Agreement was made in good faith and provided for the fair and reasonable terms and conditions of employment for the employees covered by the Agreement. The Commission approved the Agreement, finding it to be compliant with the Fair Work Act 2009.

The Fair Work Commission approved the SJS Mechanical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The Commission found the Agreement to be compliant with the Fair Work Act 2009 and in the best interests of the employees. The Commission also found that the Agreement was made in good faith and provided for the fair and reasonable terms and conditions of employment for the employees covered by the Agreement.

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