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

[2024] FWCA 1152

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

(AG2024/910)

AIR LINK SYSTEMS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2024

Application for approval of the Air Link Systems 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 Air Link Systems 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 2 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of a new enterprise agreement between Air Link Systems Pty Ltd and the CEPU – Plumbing Division (Vic). The agreement, which is set to run from 2024 to 2027, was submitted for the Commission's approval under the Fair Work Act 2009. The dispute centred around the compliance of the agreement with the relevant legislative provisions and its fairness in terms of employee protections and benefits.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, and whether it provided fair and reasonable terms and conditions of employment. The Commission examined whether the agreement met the requirements for 'bargaining representative' agreements and if it contained the 'better off overall test' (BOOT). Additionally, the Commission assessed if the agreement provided appropriate protections for employees and if it complied with the principles of the Fair Work Act.

The Fair Work Commission determined that the agreement met all the legislative requirements. It found that the agreement contained all the mandated terms and conditions, including those related to minimum wages, leave entitlements, and other employment protections. The Commission also concluded that the agreement satisfied the BOOT, meaning that employees would be at least as well off under the new agreement as they would be under their existing awards. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment, and approved the agreement for registration.

The Fair Work Commission approved the Air Link Systems Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The agreement was registered under the Fair Work Act, and will now apply to the employees of Air Link Systems Pty Ltd covered by the agreement. This decision ensures that the agreement will provide a fair and reasonable framework for employment conditions between the parties for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established