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

[2024] FWCA 933

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

(AG2024/616)

MARKWATER COMMERCIAL PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2024

Application for approval of the Markwater Commercial Plumbing 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 Markwater Commercial Plumbing 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 15 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Markwater Commercial Plumbing Pty Ltd – CEPU – Plumbing Division – NSW Branch for approval of their proposed enterprise agreement. The dispute centred around the terms and conditions of employment for employees within the plumbing sector in New South Wales, covering a period from 2023 to 2027. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the provision of minimum entitlements and the fair resolution of workplace issues.

The primary legal issues the Commission needed to address were whether the agreement provided for the minimum entitlements as stipulated by the Act, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. Additionally, the Commission had to assess whether the agreement contained provisions that were contrary to the objectives of the Act, including any that might unfairly disadvantage employees, or that were inconsistent with the principles of good faith bargaining. The fairness and appropriateness of the dispute resolution mechanisms within the agreement were also examined to ensure they aligned with the overarching goals of the Act.

Upon review, the Commission found that the agreement provided for all minimum entitlements as required by the Fair Work Act, and did not contain any provisions that were contrary to the objectives of the Act. The agreement was deemed to be the product of good faith bargaining between the parties, and the dispute resolution mechanisms were considered appropriate and fair. The Commission concluded that the agreement was in the best interests of the employees and approved it under section 234 of the Fair Work Act. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframes, and it was to be in effect from the date of approval.

The final orders of the Commission mandated the registration of the approved agreement with the Fair Work Commission within 28 days of the decision, and set out the commencement date as the day following the registration. The agreement was to apply to all employees covered by it, and the parties were required to adhere to the terms and conditions as outlined in the approved document. The decision underscored the importance of ensuring that enterprise agreements not only meet statutory requirements but also reflect fair and effective workplace practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established