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

[2024] FWCA 855

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

(AG2024/514)

VENTRIX MECHANICAL 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 Ventrix Mechanical 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 Ventrix Mechanical 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 matter before the court involved an application for the approval of the Ventrix Mechanical Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The parties sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, particularly whether it complied with the provisions of the Fair Work Act and the principles of enterprise bargaining.

The court had to determine whether the agreement was a genuine enterprise agreement and if it met the procedural requirements set out in the Fair Work Act. This involved examining the bargaining process to ensure it was conducted in good faith, and whether the agreement contained the necessary minimum terms and conditions as specified in the Act. Additionally, the court considered whether the agreement was in the best interests of the employees and if it had been properly negotiated.

After reviewing the evidence and submissions from both parties, the court found that the agreement was indeed a genuine enterprise agreement. It was determined that the bargaining process had been conducted in good faith and that the agreement met all the statutory requirements under the Fair Work Act. The court also concluded that the agreement contained the necessary minimum terms and conditions and was in the best interests of the employees. Therefore, the court approved the agreement as required by the Act.

The final orders of the court were that the Ventrix Mechanical Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 be approved under section 231 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the court’s 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