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

[2024] FWCA 909

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

(AG2024/602)

CENTREPOINT CONTRACTING PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MARCH 2024

Application for approval of the Centrepoint Contracting Pty Ltd and CEPU Plumbing Division 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 Centrepoint Contracting Pty Ltd and CEPU Plumbing Division 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 13 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking approval of the Centrepoint Contracting Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026. The agreement sought to establish the terms and conditions of employment for employees of Centrepoint Contracting Pty Ltd under the union. The nature of the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the collective agreement was a bona fide agreement, whether it was made in good faith, and whether it provided for the proper management of the workplace. The court had to determine if the agreement met the criteria set out in section 231 of the Fair Work Act, which mandates that a registered organisation can only make an application for approval of an agreement if it is satisfied that the agreement is a genuine enterprise agreement. The court also considered the principles of good faith bargaining and whether both parties had engaged in genuine negotiations to reach the agreement.

In reaching its decision, the court examined the negotiation process and the content of the agreement. The union provided evidence of extensive negotiations and compromises made by both parties, which the court found to be credible. The court determined that the agreement was a genuine enterprise agreement, made in good faith, and contained provisions that were consistent with the principles of good faith bargaining. The court approved the agreement, finding that it met all statutory requirements and provided for the proper management of the workplace.

The Fair Work Commission approved the Centrepoint Contracting Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 – 2026, recognising it as a genuine enterprise agreement that complied with the Fair Work Act. The court's decision affirmed the validity of the agreement, ensuring that the terms and conditions of employment were fairly negotiated and met the statutory criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established