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

[2023] FWCA 3184

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

(AG2023/3398)

BOONE & WILLARD PLUMBING PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2023 - 2026

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 OCTOBER 2023

Application for approval of the Boone & Willard Plumbing 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 Boone & Willard Plumbing 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 3 October 2023 and, in accordance with s 54, it will operate from 10 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 an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of a proposed collective agreement between the Union and Boone & Willard Plumbing Pty Ltd (the Employer). The Boone & Willard Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026 (the Agreement) was submitted for assessment to ensure it met the necessary standards and was in the best interest of the employees. The Union sought the Commission’s approval of the Agreement under section 235 of the Fair Work Act 2009.

The primary legal issue for the Commission to determine was whether the Agreement contained terms that were not in the best interests of the employees. The Commission considered whether the Agreement complied with the requirements of the Fair Work Act, including whether it met the good faith bargaining threshold and if it contained terms that were consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009. Additionally, the Commission examined whether the Agreement provided adequate protections and benefits for the employees, ensuring it did not undermine their rights or entitlements.

After reviewing the terms of the Agreement, the Commission found that it met the necessary standards and was in the best interest of the employees. The Agreement contained provisions that addressed key employment matters, such as wages, working conditions, and dispute resolution mechanisms, which were deemed to be fair and reasonable. The Commission determined that the Agreement met the good faith bargaining threshold and complied with the relevant Acts. Consequently, the Fair Work Commission approved the Boone & Willard Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026.

As a result of the Commission’s approval, the Boone & Willard Plumbing Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2023 - 2026 became a legally binding agreement between the Union and the Employer, effective from 1 July 2023. The Agreement outlines the terms and conditions of employment for the employees covered by the Agreement, ensuring they receive fair and reasonable treatment in their workplace.

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