Conte Mechanical & Electrical Services Pty Ltd Summary

[2024] FWCA 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Conte Mechanical & Electrical Services Pty Ltd

(AG2024/1396)

CONTE MECHANICAL & ELECTRICAL SERVICES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2024

Application for approval of the Conte Mechanical & Electrical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Conte Mechanical & Electrical Services Pty Ltd has made an application for approval of an enterprise agreement known as the Conte Mechanical & Electrical Services 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 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 6 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Conte Mechanical & Electrical Services Pty Ltd, an employer, and the CEPU – Plumbing Division (Vic), a union representing employees, who sought to have their proposed enterprise agreement approved by the Fair Work Commission. The agreement, spanning from 2024 to 2027, was put forward for consideration to ensure it met the requirements under the Fair Work Act 2009. The nature of the dispute was whether the agreement complied with the statutory obligations and provided fair terms for both parties.

The legal issues before the court were whether the proposed agreement contained provisions that were unfair, failed to meet the good faith bargaining requirement, or did not address the necessary minimum terms as stipulated by the Act. Additionally, the court examined whether the union had genuinely bargained in good faith and whether the agreement covered all the mandatory subjects as required by the legislation. The central question was whether the agreement should be approved in its entirety or if it required amendments to meet the legal standards.

The Fair Work Commission examined the agreement clause by clause, ensuring that all provisions were fair and met the requirements of the Act. The Commission found that the proposed agreement did indeed meet the statutory criteria and was a product of genuine good faith bargaining. The agreement was comprehensive, covering all necessary minimum terms and providing for fair working conditions. The Commission noted that there were no provisions that would unduly disadvantage either party and that the agreement was a balanced reflection of the needs and interests of both the employer and the employees. Consequently, the Commission approved the agreement as it was submitted.

The final orders of the court were that the Conte Mechanical & Electrical Services Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 be approved in its entirety without any amendments. This decision was based on the findings that the agreement met all legal requirements and was fair and reasonable for both the employer and the employees. The approval of the agreement ensures that it will govern the terms and conditions of employment for the specified period, subject to the provisions of the Fair Work Act.

Conte Mechanical & Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established