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

[2023] FWCA 3183

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

(AG2023/3391)

CC P & D 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 CC P & D 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 CC P & D 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 Court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of a collective agreement between the CC P & D Pty Ltd and the CEPU Plumbing Division Union for the period 2023 to 2026. The Union sought the Court's approval under section 232 of the Fair Work Act 2009, arguing that the agreement met the necessary requirements and would promote harmonious, productive, and cooperative workplace relations.

The central legal issue was whether the collective agreement complied with the statutory requirements and whether it would facilitate effective and productive workplace relations. The Court needed to determine if the agreement was consistent with the Fair Work Act and its regulations, including provisions concerning the protection of employees' rights and interests, and if it aligned with the principles of good faith bargaining and fair dealing.

In examining the agreement, the Court considered various aspects, including the clarity and fairness of the terms, the process of negotiation, and the balance of rights and obligations. The Court found that the agreement was negotiated in good faith, was fair and reasonable, and provided adequate protections for employees' rights and interests. The Court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations, and therefore approved the agreement under section 232 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established