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

[2024] FWCA 925

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

(AG2024/605)

CLARKE MCKAY PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MARCH 2024

Application for approval of the Clarke McKay 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 Clarke McKay 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 14 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, along with Clarke McKay Pty Ltd and the CEPU - Plumbing Division – NSW Branch, for the approval of their proposed Plumbing Enterprise Agreement for the period 2023–2027. The union and the employer sought the Commission's endorsement of the agreement, which aimed to establish the terms and conditions of employment for the union's members within the specified timeframe.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Key considerations included whether the agreement complied with the minimum terms and conditions set out in the Fair Work Act and Regulations, and whether it had been fairly negotiated. Additionally, the Commission examined whether the agreement contained appropriate dispute resolution processes and whether it adhered to the principles of good faith bargaining and procedural fairness.

The Commission found that the agreement satisfied the legislative requirements and was consistent with the principles of good faith bargaining and procedural fairness. The proposed terms and conditions were deemed to be no less favourable than the applicable minimum standards, and the dispute resolution mechanisms were considered adequate. The Commission was satisfied that the agreement had been fairly negotiated and met all necessary criteria for approval. Consequently, the application for approval was granted, and the agreement was registered as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Clarke McKay Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027, and it came into effect as a registered agreement. This decision provided certainty for the parties involved and ensured that the agreement would govern the employment conditions of the union's members for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established