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

[2024] FWCA 1149

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

(AG2024/873)

J.M. CLEARY (NSW) PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2024

Application for approval of the J.M. Cleary (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027

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 J.M. Cleary (NSW) Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 (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 2 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and J.M. Cleary (NSW) Pty Ltd, with a focus on the approval of the Plumbing Enterprise Agreement 2023-2027. The application for approval was heard by the Fair Work Commission, a tribunal responsible for resolving workplace disputes and ensuring compliance with employment standards in Australia.

The primary legal issue addressed by the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and provided for the fair treatment of employees. The Commission also needed to determine if the agreement was genuinely negotiated and whether it provided for a fair and efficient workplace.

In its decision, the Fair Work Commission examined the agreement in detail, considering its provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement did not include minimum rates of pay for casual employees, which was a significant omission. Despite this, the Commission recognised the overall fairness and efficiency of the agreement, acknowledging the efforts made by the parties in negotiating the terms. The Commission ultimately decided to approve the agreement, subject to the inclusion of minimum rates of pay for casual employees within a specified timeframe.

The final orders of the Commission required the parties to amend the agreement to include the minimum rates of pay for casual employees and to submit the revised agreement to the Commission for final approval. This decision underscores the importance of comprehensive and legally compliant enterprise agreements in ensuring fair workplace practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established