Complete Plumbing Contracting Pty Ltd

[2024] FWCA 2224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Complete Plumbing Contracting Pty Ltd

(AG2024/2013)

COMPLETE PLUMBING CONTRACTING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the Complete Plumbing Contracting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Complete Plumbing Contracting Pty Ltd has made an application for approval of an enterprise agreement known as the Complete Plumbing Contracting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Complete Plumbing Contracting Pty Ltd and the CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. This application was lodged by the CEPU, acting as the employer's representative, and the union representing the employees. The nature of the dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, and whether these terms complied with the relevant industrial legislation.

The primary legal issues the court was required to determine included whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive fairness of the agreement. The court needed to examine if the agreement was made in good faith, whether it was free from any improper influences, and if it provided for the proper protection of employees' rights and interests. Additionally, the court considered whether the agreement adequately covered the minimum terms and conditions as stipulated by the Act.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement was procedurally and substantively fair. The Commission noted that the agreement was negotiated in good faith, with appropriate consultation and disclosure of relevant information. The terms of the agreement were deemed to be reasonable and to provide fair protection for the employees' rights and interests. The Commission also found that the agreement complied with the minimum terms and conditions set out in the Fair Work Act. Consequently, the court approved the enterprise agreement.

In light of the approval, the Fair Work Commission issued an order approving the Complete Plumbing Contracting Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from the date of the order. This decision ensures that the agreement will govern the employment terms and conditions between the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established