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

[2023] FWCA 3126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2023/3315)

APPLICATION FOR APPROVAL OF THE CONCIERGE AIR CONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 27 SEPTEMBER 2023

Application for approval of the Concierge Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023

An application has been made for approval of an enterprise agreement known as the CONCIERGE AIR CONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2023. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Concierge Air Conditioning Pty Ltd. The dispute arose under the Fair Work Act 2009, and the case was heard in the Fair Work Commission. The union sought approval of the agreement, while the employer contested certain provisions.

The central legal issues for the court to determine were whether the enterprise agreement met the requirements of the Fair Work Act, particularly regarding the process of its negotiation and the substance of its provisions. The court had to examine whether the agreement was fairly negotiated and whether it contained any terms that were contrary to public policy or that failed to comply with the Act's provisions on matters such as minimum wages, penalties, and working conditions.

The Fair Work Commission found that the enterprise agreement had been fairly negotiated in accordance with the requirements of the Act. The court considered the evidence provided by both parties and assessed whether the process was transparent and free from any undue influence or coercion. On the substance of the agreement, the Commission determined that all terms were consistent with the Act and did not contravene any public policy considerations. The court also examined the specific provisions regarding wages, penalties, and working conditions, concluding that they were fair and reasonable. As a result, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Concierge Air Conditioning Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023 be approved in its entirety. The decision was made on the basis that the agreement had been fairly negotiated and contained terms that were compliant with the Fair Work Act and did not contravene any public policy considerations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established