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

[2024] FWCA 1153

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

(AG2024/913)

APEX PLUMBING 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 Apex Plumbing 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 Apex Plumbing 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Apex Plumbing Pty Ltd (the Employer). The Union sought approval of an enterprise agreement, the Apex Plumbing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, under the Fair Work Act 2009. The decision was rendered by the Fair Work Commission (the Commission).

The legal issues before the Commission centred on whether the enterprise agreement met the requirements of the Fair Work Act, particularly if it provided for terms and conditions of employment that were fair and reasonable. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it included certain prescribed pay rates and other entitlements, among other statutory requirements.

In evaluating the agreement, the Commission examined various aspects, including the bargaining process, the terms and conditions, and the overall fairness of the agreement. The Commission noted that the agreement was made after genuine and meaningful bargaining between the parties, and that it included provisions for wages, hours of work, and other conditions that were fair and reasonable. The Commission also found that the agreement complied with the prescribed pay rates and included other mandatory entitlements. Based on these findings, the Commission approved the enterprise agreement, determining that it met the legislative requirements for fairness and reasonableness.

The Commission approved the enterprise agreement, which will apply from the date of the decision. The agreement will be registered and will be in effect for the period 2024 to 2027, providing a framework for the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established