GETON With Pty Ltd Summary

[2024] FWCA 3006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GETON With Pty Ltd

(AG2024/3003)

GETON WITH PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 15 AUGUST 2024

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

An application has been made for approval of an enterprise agreement known as the GETON With Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing 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 GETON With Pty Ltd. 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.

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.

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 – stillbirth.

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 22 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

GETON With Pty Ltd, represented by their legal counsel, sought approval for their proposed enterprise agreement with the CEPU - Plumbing Division (Vic). The dispute centred around the terms and conditions set forth in the agreement, which both parties had negotiated. The application was heard in the Fair Work Commission, a tribunal with jurisdiction over industrial relations matters in Australia.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" and whether it contained terms that were consistent with the national employment standards and the applicable minimum wages. Additionally, the Commission assessed whether the agreement was free from prohibited content, such as provisions that could undermine the bargaining process.

The Commission found that the agreement satisfied the better off overall test, as it provided employees with fair and reasonable terms and conditions of employment. The Commission also confirmed that the agreement was consistent with the national employment standards and contained appropriate minimum wage provisions. The proposed agreement was deemed to be free from any prohibited content. Consequently, the Commission approved the GETON With Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, as it met all the necessary legal requirements.

The Fair Work Commission approved the GETON With Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. This decision effectively resolves the dispute between the parties and sets the terms and conditions of employment for the relevant employees for the duration of the agreement.

GETON With Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established