| [2024] FWCA 1173 |
| 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
(AG2024/937)
HASS PUMPS 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 Hass Pumps 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 Hass Pumps 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.
While the application is generally in order, the employees were not all provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
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
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 1173
- Case
- [2024] FWCA 1173
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the Commission had to address were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was free from any prohibited content, and whether the agreement had been genuinely negotiated between the parties. The Commission also examined if the agreement provided for a fair and reasonable outcome for all employees covered by it.
In delivering its decision, the Fair Work Commission examined the terms of the enterprise agreement in detail, ensuring that it included all mandatory provisions as required by law. The Commission found that the agreement was free from any prohibited content and satisfied the genuine bargaining test. It was determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the enterprise agreement.
The final orders of the Fair Work Commission were that the Hass Pumps Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024-2027 be approved in accordance with section 234 of the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision and would bind all employees covered by it.
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Background
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