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

[2024] FWCA 1151

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

(AG2024/875)

GEN CARE SERVICES 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 Gen Care Services 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 Gen Care Services 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Gen Care Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the fairness and compliance of the agreement with relevant legislation and the principles of enterprise bargaining.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it contained appropriate dispute resolution provisions, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission had to determine if the agreement was in the best interests of the employees and whether it provided adequate protections and benefits. The Commission also examined if the agreement complied with the modern award provisions and if it contained appropriate mechanisms for addressing any future changes in the workplace.

In reaching its decision, the Commission noted that the agreement was the result of genuine negotiations between the employer and the union, and it contained adequate provisions for dispute resolution. The Commission found that the agreement was in the best interests of the employees, providing them with fair and reasonable terms and conditions of employment. The agreement was also found to comply with the modern award provisions and included provisions for addressing future workplace changes. Based on these findings, the Commission approved the agreement, finding that it met the necessary legal standards for approval.

The Fair Work Commission approved the Gen Care Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, subject to the terms and conditions set out in the decision. The agreement now serves as the binding contract between the employer and the union for the specified period, governing the terms and conditions of employment for 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