DG Facilities Pty Ltd Summary

[2024] FWCA 2017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DG Facilities Pty Ltd

(AG2024/1753)

DG GROUP (PLUMBING & CIVIL) AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2024

Application for approval of the DG Group (Plumbing & Civil) and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

DG Facilities Pty Ltd has made an application for approval of an enterprise agreement known as the DG Group (Plumbing & Civil) 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 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 3 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DG Facilities Pty Ltd, an applicant, sought approval from the Fair Work Commission for a new enterprise agreement. The respondents included the CEPU – Plumbing Division (Vic), which represents the employees. The dispute centred on the terms and conditions of employment for plumbers under the proposed Plumbing Enterprise Agreement 2024 – 2027. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the process outlined in the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated and whether it contained minimum terms and conditions, including those relating to wages and other entitlements. The Commission also needed to consider if the agreement met the requirements for approval under section 234 of the Fair Work Act, particularly focusing on whether it facilitated the achievement of a productive workplace relationship.

The Fair Work Commission determined that the agreement met the necessary criteria for approval. It found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. The Commission emphasised that the agreement included provisions for minimum wages, leave entitlements, and other benefits, all of which were in line with industry standards and legislative requirements. The Commission also confirmed that the agreement facilitated productive workplace relationships, thereby meeting the statutory requirements for approval.

As a result of this determination, the Commission approved the DG Group (Plumbing & Civil) and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The agreement will now govern the employment terms and conditions for the specified period, ensuring that both employers and employees are protected under fair and reasonable terms.

DG Facilities Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established