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

[2024] FWCA 957

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

(AG2024/643)

SMART PLUMBING ADMIN SERVICES PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2024

Application for approval of the Smart Plumbing Admin Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing 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 Smart Plumbing Admin Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing 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 18 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of an enterprise agreement between Smart Plumbing Admin Services Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU – Plumbing Division – NSW Branch. The agreement in question was the Smart Plumbing Admin Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The principal legal issues before the Commission were whether the agreement provided for minimum terms and conditions of employment in accordance with section 228 of the Fair Work Act, and whether it had been made in good faith and through proper bargaining as required by section 230. Additionally, the Commission considered whether the agreement contained any terms that were contrary to public policy or otherwise unenforceable.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. It provided for minimum terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The Commission was satisfied that the agreement had been made in good faith and through proper bargaining, as evidenced by the parties’ conduct throughout the bargaining process. Furthermore, the Commission found that the agreement did not contain any terms that were contrary to public policy or otherwise unenforceable.

In light of the findings, the Fair Work Commission approved the Smart Plumbing Admin Services Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The agreement now binds the parties and their employees, setting out the terms and conditions of employment for the duration of the agreement.

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