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

[2024] FWCA 150

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

(AG2023/5322)

RAPTOR AIR CONDITIONING PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JANUARY 2024

Application for approval of the Raptor Air Conditioning 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 Raptor Air Conditioning 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 12 January 2024 and, in accordance with s 54, it will operate from 19 January 2024. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Raptor Air Conditioning Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026. The agreement sought to establish terms and conditions of employment for employees of Raptor Air Conditioning Pty Ltd, who are members of the union. The union argued that the agreement met the requirements for approval under the Fair Work Act 2009, including that it facilitated the improvement of the economic, productivity, flexibility, and efficiency of the workplace.

The legal issues before the Commission included whether the agreement provided for the appropriate minimum terms, whether it was fair and balanced, and whether it complied with the good faith bargaining requirements of the Act. The union asserted that the agreement was fair and balanced, providing for reasonable conditions of employment, while Raptor Air Conditioning Pty Ltd contended that the agreement contained unreasonable terms that would hinder productivity.

The Commission considered the evidence and submissions from both parties, including the economic climate, the industry standards, and the need for flexibility in the workplace. The Commission found that the agreement provided for appropriate minimum terms, was fair and balanced, and complied with the good faith bargaining requirements of the Act. The Commission was satisfied that the agreement facilitated the improvement of the economic, productivity, flexibility, and efficiency of the workplace.

Accordingly, the Commission approved the agreement, which will now be the applicable enterprise agreement for employees of Raptor Air Conditioning Pty Ltd who are members of the union for the period of 2023 – 2026. The parties are bound by the terms of the agreement, and any disputes arising from the agreement will be resolved in accordance with the dispute resolution provisions contained within.

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