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

[2024] FWCA 1108

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

(AG2024/760)

STATEWIDE VENTILATION AND MECHANICAL SERVICES QUEENSLAND PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MARCH 2024

Application for approval of the Statewide Ventilation and Mechanical Services Queensland Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026

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 Statewide Ventilation and Mechanical Services Queensland Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026 (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 28 March 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 the approval of a proposed collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Statewide Ventilation and Mechanical Services Queensland Pty Ltd. The union sought the commission's endorsement of the agreement, which outlined terms and conditions of employment for the period 2023-2026. The application was made under section 236 of the Fair Work Act 2009, which allows for the approval of a bargaining agreement by the commission if it is satisfied that the agreement meets the requirements of the Act.

The primary legal issue before the commission was whether the proposed agreement was consistent with the provisions of the Fair Work Act and did not contravene any relevant principles of public policy. Specifically, the commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the good faith bargaining requirements set out in the Act. The commission also needed to determine if the agreement met the criteria for approval under section 236 of the Fair Work Act.

In assessing the application, the commission examined the proposed agreement in detail and considered submissions from both the union and the employer. The commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for wages, hours of work, and other employment conditions. The commission found that the agreement was the product of good faith bargaining and did not contravene any relevant principles of public policy. The commission was satisfied that the agreement met the criteria for approval under section 236 of the Fair Work Act.

Consequently, the commission approved the Statewide Ventilation and Mechanical Services Queensland Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026, and the agreement is now legally binding on the parties. This decision provides certainty for the employees covered by the agreement and ensures that their terms and conditions of employment are fair and reasonable.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established