Geschke Pty Ltd

[2024] FWCA 2393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geschke Pty Ltd

(AG2024/2213)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2024

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

Geschke Pty Ltd has made an application for approval of an enterprise agreement known as the Geschke 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 27 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geschke Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement with the CEPU – Plumbing Division (Vic). The agreement in question outlined the terms and conditions of employment for employees working within Geschke's plumbing services division in Victoria for the period from 2024 to 2027. The union representing the employees, CEPU, did not oppose the application, but the Australian Building and Construction Commission (ABCC) did, raising concerns about certain clauses within the agreement.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and interests. The ABCC argued that certain clauses in the agreement, particularly those concerning the outsourcing of work, did not adequately protect employees. The Commission needed to determine if these clauses complied with the Act and if they unfairly disadvantaged employees.

The Commission carefully examined the clauses in question, focusing on their impact on employees' job security and working conditions. The Commission noted that the agreement included provisions for the protection of employees' rights in the event of outsourcing, which were in line with the principles of the Act. Additionally, the agreement contained protections for employees' wages and conditions, which were fair and reasonable. Given that the union did not oppose the agreement and considering the protections included, the Commission concluded that the agreement complied with the requirements of the Act. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees and met the legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established