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

[2024] FWCA 853

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

(AG2024/513)

PARAGON PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MARCH 2024

Application for approval of the Paragon Plumbing Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) 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 Paragon Plumbing Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) 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 7 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU - Plumbing Division NSW Branch, who brought an application before the Fair Work Commission for approval of the Paragon Plumbing Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The union and the branch argued that the agreement was fit for purpose and met the criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to decide was whether the agreement complied with the requirements set out in the Act. Specifically, the Commission needed to consider whether the agreement provided for a fair and efficient workplace, ensured procedural fairness in the workplace, and included terms that did not undermine the operation of the Act or its objects. The Commission also needed to determine whether the agreement was made in good faith and was otherwise in accordance with the provisions of the Act.

The Fair Work Commission concluded that the agreement was in compliance with the requirements of the Act. The Commission found that the agreement provided for fair and efficient workplace arrangements and ensured procedural fairness for employees. The Commission also found that the terms of the agreement did not undermine the operation of the Act or its objects and were made in good faith. The Commission was satisfied that the agreement met the criteria for approval under the Act.

Accordingly, the Fair Work Commission approved the Paragon Plumbing Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The agreement will now be registered with the Fair Work Commission and will apply to the employees of Paragon Plumbing Pty Ltd covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established