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

[2024] FWCA 1050

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

(AG2024/751)

ELLIS AIR CONDITIONING (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2024

Application for approval of the Ellis Air Conditioning (Qld) 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 Ellis Air Conditioning (Qld) 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 25 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Ellis Air Conditioning (Qld) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026. The application was made under section 235 of the Fair Work Act 2009, seeking the Commission’s endorsement of the agreement as a registered agreement. The agreement in question is a collective agreement between Ellis Air Conditioning (Qld) Pty Ltd and the union, covering employees of Ellis Air Conditioning who are members of the union. The dispute centred on whether the agreement met the legal requirements for registration and approval under the Fair Work Act, particularly concerning its compliance with the provisions of the Act and the Fair Work Regulations.

The primary legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, whether it complied with the relevant provisions of the Fair Work Act and regulations, and whether it was free from any illegal or unfair content. The Commission considered the terms of the agreement, the bargaining process that led to its formation, and whether the agreement provided for the protection of employees' rights and interests. Furthermore, the Commission assessed whether the agreement addressed key employment conditions such as wages, hours of work, leave, and other relevant matters in a manner consistent with the Act.

After careful examination of the agreement and the submissions from both parties, the Commission found that the agreement was fair and appropriate, meeting all statutory requirements for approval. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment matters. The agreement was deemed to promote a fair and efficient workplace and was free from any illegal or unfair content. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act and regulations. The approval ensures that the agreement will be registered and will have the force of a registered agreement, providing certainty and stability for both the employer and 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