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

[2024] FWCA 786

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

(AG2024/399)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MARCH 2024

Application for approval of the New Edge Group HVAC 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 New Edge Group HVAC 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 1 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of the proposed enterprise agreement between New Edge Group HVAC Pty Ltd and the CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027. The union argued that the agreement was suitable for registration under the Fair Work Act 2009. The application was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act, particularly regarding the procedural fairness and the suitability of the agreement for registration. This involved assessing whether the union had properly consulted with its members and whether the agreement was fair and reasonable.

The court found that the union had adequately consulted its members, as evidenced by the high level of support for the agreement. The court also determined that the agreement was fair and reasonable, as it balanced the interests of both the employer and the employees. The court considered various factors, including the economic circumstances, the need for flexibility, and the fairness of the terms and conditions. The agreement provided for adequate wage increases, included provisions for training and development, and maintained a fair balance between the parties' needs.

In light of the findings, the court approved the application for registration of the enterprise agreement. The final orders granted the union's application, allowing the agreement to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established