Highbury Plumbing Pty Limited Summary

[2024] FWCA 1976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Highbury Plumbing Pty Limited

(AG2024/1745)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2024

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

Highbury Plumbing Pty Limited has made an application for approval of an enterprise agreement known as the Highbury Plumbing 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 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Highbury Plumbing Pty Limited, as the employer, and CEPU – Plumbing Division (Vic), representing the employees. The dispute centred around the approval of the Highbury Plumbing Pty Ltd and CEPU – Plumbing Enterprise Agreement 2024 – 2027. The Fair Work Commission was the court that heard and decided the matter.

The primary legal issue the court had to resolve was whether the proposed enterprise agreement met the requirements set out under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for minimum entitlements and if it was in the best interests of the employees. The court also had to consider if the agreement contained any unlawful content and if the bargaining process was conducted in good faith.

In its decision, the court examined the agreement's provisions and found that it complied with the minimum entitlements outlined in the Fair Work Act. The court was satisfied that the agreement was in the best interests of the employees, as it provided for fair wages and conditions. The court also determined that there was no unlawful content in the agreement and that the bargaining process was conducted in good faith. Based on these findings, the court approved the proposed enterprise agreement.

As a result of the court's decision, the Highbury Plumbing Pty Ltd and CEPU – Plumbing Enterprise Agreement 2024 – 2027 was approved and is now in effect. The agreement will govern the terms and conditions of employment for the employees of Highbury Plumbing Pty Limited for the duration of the agreement.

Highbury Plumbing Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established