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

[2024] FWCA 869

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

(AG2024/530)

SIX STAR CONSTRUCT PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MARCH 2024

Application for approval of the Six Star Construct Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 Six Star Construct Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 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 8 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Six Star Construct Pty Ltd. The matter was brought before the Fair Work Commission to seek approval for a proposed enterprise agreement. The agreement, titled the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, was subject to scrutiny to ensure it met the legal requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Act. Specifically, the Commission had to assess if the agreement covered all necessary terms and conditions of employment, whether it was negotiated fairly, and if it provided for the appropriate dispute resolution mechanisms. The Commission also needed to determine if the agreement met the "better off overall test," ensuring that employees were not worse off financially by being party to the agreement.

After thorough examination, the Commission found that the agreement did indeed comply with the requirements of the Fair Work Act. The agreement included all mandatory terms and conditions, had been negotiated fairly, and provided for adequate dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement met the better off overall test, as employees would benefit from the proposed terms and conditions. Consequently, the Commission approved the agreement, allowing it to take effect from the specified commencement date.

The Fair Work Commission approved the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement was found to comply with the Fair Work Act and met the necessary criteria for approval.

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