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

[2024] FWC 2227

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

(AG2024/3087)

V.I.C. INSULATION (VIC) PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING/INSULATION ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 20 AUGUST 2024

Application for approval of the V.I.C. Insulation (VIC) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the V.I.C. Insulation (VIC) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027 (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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 40: Compassionate leave.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (clause 5.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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), I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and VIC Insulation (VIC) Pty Ltd sought approval of the Enterprise Agreement between them. The CEPU - Plumbing Division (Vic) was also involved. The dispute was brought before the Fair Work Commission. The primary legal issue the Commission had to address was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum rates of pay, allowances, loadings, and penalties that met the statutory requirements and whether it included appropriate dispute resolution procedures.

The Commission examined the provisions of the Enterprise Agreement and found that it included minimum rates of pay, allowances, loadings, and penalties that were consistent with the statutory framework. The agreement also provided for a dispute resolution process that complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for the protection of employees' rights and interests and was in line with the objectives of the Act. As such, the Commission approved the Enterprise Agreement.

In light of the findings, the Fair Work Commission approved the V.I.C. Insulation (VIC) Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing/Insulation Enterprise Agreement 2024 – 2027. The decision was made in accordance with the relevant provisions of the Fair Work Act 2009, and the agreement was deemed to be compliant with the statutory requirements.

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