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

[2024] FWCA 1171

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

(AG2024/914)

SOUTHERN CROSS PLUMBING & CONTRACTING 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 Southern Cross Plumbing & Contracting 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 Southern Cross Plumbing & Contracting 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 Fair Work Commission involved an application for approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Southern Cross Plumbing & Contracting Pty Ltd. The proposed agreement, titled the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, was brought forward for consideration to ensure it complied with the provisions of the Fair Work Act 2009. The central issue was whether the agreement met all the necessary requirements for registration and approval, including whether it provided for minimum terms and conditions, was free from prohibited content, and had been fairly and genuinely negotiated.

The court was required to determine whether the proposed agreement met the statutory criteria for approval. This involved examining the agreement's compliance with the Fair Work Act, ensuring that it did not include terms that would unfairly disadvantage employees, and confirming that the agreement had been genuinely negotiated. Additionally, the court needed to assess whether the agreement provided for minimum terms and conditions as stipulated by the Fair Work Act, and whether it contained any terms that were contrary to public policy or industrial law. The court also needed to consider the process through which the agreement was negotiated and whether it adhered to the principles of procedural fairness.

In reaching its decision, the Fair Work Commission found that the proposed agreement satisfied all the necessary criteria for approval. The agreement was found to provide for minimum terms and conditions and did not contain any terms that would be unfair to employees. The Commission was satisfied that the agreement had been genuinely negotiated and did not include any content that was contrary to public policy or industrial law. The process of negotiation was deemed to have adhered to the principles of procedural fairness, and the Commission approved the agreement for registration. The decision was based on a detailed analysis of the agreement's provisions, the negotiation process, and compliance with the Fair Work Act.

The Fair Work Commission approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 for registration. The agreement was found to meet all statutory requirements and was deemed to be fair and genuinely negotiated. The court's decision was grounded in a thorough examination of the agreement's terms, the negotiation process, and compliance with the Fair Work Act. The final orders included the registration of the agreement, which would now provide the basis for employment conditions between the union and the employer 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