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

[2023] FWCA 3206

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

(AG2023/3422)

SHORE (QLD) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 OCTOBER 2023

Application for approval of the Shore (Qld) Pty Ltd and CEPU Plumbing Division 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 Shore (Qld) Pty Ltd and CEPU Plumbing Division 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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 4 October 2023 and, in accordance with s 54, it will operate from 11 October 2023. 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

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Shore (Qld) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023-2026. The dispute centred on whether the terms of the agreement were fair and appropriate for the employees covered by the agreement, as required under the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the collective agreement complied with the provisions of the Fair Work Act, particularly focusing on whether the agreement provided for fair and reasonable terms of employment and whether it adhered to the principles of good faith bargaining. The Commission had to assess if the agreement balanced the interests of both employers and employees and whether it provided for a fair and reasonable outcome.

The Commission concluded that the agreement was fair and reasonable, taking into account the principles of good faith bargaining and the need for a balance between the interests of employers and employees. The Commission noted that the agreement provided for fair wages and conditions, included provisions for consultation and dispute resolution, and adhered to the statutory requirements outlined in the Fair Work Act. The Commission found that the agreement appropriately reflected the bargaining positions of both parties and provided a fair and reasonable outcome for the employees.

The Fair Work Commission approved the Shore (Qld) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023-2026, finding that it met the statutory requirements for approval. The Commission noted that the agreement was the result of genuine and good faith bargaining and provided for fair and reasonable terms of employment for the employees covered by the agreement. The Commission’s decision was based on a detailed analysis of the agreement and the evidence presented by both parties during the hearing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established