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

[2024] FWCA 860

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

(AG2024/520)

AUSTRALIAN PIPING SOLUTIONS PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MARCH 2024

Application for approval of the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division Mechanical 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 Australian Piping Solutions Pty Ltd and CEPU Plumbing Division Mechanical 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 7 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Australian Piping Solutions Pty Ltd (APS). The union sought approval for the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026. The matter was heard in the Fair Work Commission, where the union argued that the proposed agreement was in the best interests of the employees and the employer.

The central legal issues for the court to determine were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT). The court had to assess whether the proposed terms and conditions of employment were more favourable than the relevant award or agreement, and whether the agreement was in the best interests of the employees overall. The court also needed to consider the impact of the agreement on the employees' work-life balance, remuneration, and other employment conditions.

In delivering the decision, the court examined the provisions of the proposed agreement and the evidence presented by both parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for overtime, penalty rates, and leave entitlements. The court was satisfied that the agreement was more favourable than the relevant award in several respects, particularly in relation to wages and other benefits. The court also concluded that the agreement was in the best interests of the employees overall, taking into account the impact on their work-life balance and other factors. Accordingly, the court approved the agreement under section 234 of the Fair Work Act.

The final orders of the court were that the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026 be approved as a registered agreement under the Fair Work Act. The agreement will now apply to the employees of APS who are members of the CEPU, and will remain in force until the end of the agreement period. The court's decision provides certainty for both the employer and the employees, and ensures that the agreement is fair and reasonable in all respects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established