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

[2024] FWCA 971

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

(AG2024/674)

PRITCHY'S PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MARCH 2024

Application for approval of the Pritchy's Plumbing Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027

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 Pritchy’s Plumbing Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 (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 19 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Pritchy's Plumbing Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027, the Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant, Pritchy's Plumbing Pty Ltd, is an employer in the plumbing industry, and the respondent, CEPU - Plumbing Division NSW Branch, represents the employees within the Mechanical (HVAC) sector. The dispute centred on whether the agreement provided fair and reasonable terms for the employees, adhered to the legislative framework, and met the procedural requirements for approval.

The primary legal issues before the Commission were whether the agreement provided for the fair and reasonable terms of employment as required by section 235 of the Fair Work Act 2009, and whether the procedural requirements for approval were satisfied. The Commission needed to examine the terms of the agreement, including wages, hours of work, leave entitlements, and other conditions, to determine if they were fair and reasonable. Additionally, the Commission had to verify that the agreement was negotiated in good faith and that the appropriate process was followed to gain employee approval through a protected industrial action ballot.

Upon reviewing the evidence and submissions, the Commission found that the agreement met the necessary criteria for approval. The terms of the agreement were deemed fair and reasonable, providing for appropriate wages and conditions for the employees. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement had been appropriately balloted. As such, the Commission approved the agreement under section 237 of the Fair Work Act 2009. This decision ensures that the employees of Pritchy's Plumbing Pty Ltd will be covered by the terms of the Mechanical (HVAC) Enterprise Agreement 2023–2027, providing them with a fair and reasonable set of employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established