Plumbco Services Pty Ltd

[2024] FWCA 1981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Plumbco Services Pty Ltd

(AG2024/1720)

PLUMBCO SERVICES PTY LIMITED AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2024

Application for approval of the Plumbco Services Pty Limited and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Plumbco Services Pty Ltd has made an application for approval of an enterprise agreement known as the Plumbco Services Pty Limited 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 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Plumbco Services Pty Ltd sought approval of an enterprise agreement with the CEPU – Plumbing Division (Vic) for the period 2024 to 2027. The dispute arose over whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning employee entitlements and the processes for resolving disputes.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also needed to determine whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work Act. The employer argued that the agreement was comprehensive and negotiated fairly, while the union contended that certain provisions did not meet the statutory standards and were not in the best interests of the employees.

After reviewing the submissions and evidence from both parties, the Commission found that the agreement generally provided for fair and reasonable terms and conditions, including adequate provisions for minimum wages, leave entitlements, and dispute resolution. However, the Commission identified some minor deficiencies in the dispute resolution provisions that could be rectified by minor amendments. The Commission concluded that the agreement was made in good faith and complied with the Fair Work Act, subject to the minor amendments required. Consequently, the Commission approved the agreement with the specified amendments.

The final orders of the Commission were that the enterprise agreement be approved with the condition that the parties make the specified minor amendments to the dispute resolution provisions within 30 days of the decision. The agreement, once amended, would be registered with the Fair Work Commission and would apply to the employees of Plumbco Services Pty Ltd from 1 January 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established