Tullamarine Plumbing & Drainage

[2024] FWCA 1979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tullamarine Plumbing & Drainage

(AG2024/1718)

TULLAMARINE PLUMBING & DRAINAGE 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 Tullamarine Plumbing & Drainage Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

Tullamarine Plumbing & Drainage has made an application for approval of an enterprise agreement known as the Tullamarine Plumbing & Drainage 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 applicant, Tullamarine Plumbing & Drainage Pty Ltd, sought the court's approval of a proposed enterprise agreement with CEPU – Plumbing Division (Vic). The dispute was brought before the Fair Work Commission. The crux of the matter revolved around whether the agreement met the necessary legal standards and did not contravene any provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for appropriate minimum wages and conditions, and if it was made in good faith and without any coercion.

The Commission examined whether the agreement adequately reflected the principles of the Act, including fairness, transparency, and procedural correctness. The court assessed the bargaining process to ensure it was conducted appropriately, with both parties having genuine opportunities to negotiate. Furthermore, the Commission evaluated whether the agreement contained provisions that were consistent with the broader industrial relations framework in Australia. This included scrutinising the agreement for any provisions that could potentially undermine the rights of employees or the integrity of the industrial relations system.

Upon review, the Fair Work Commission found that the agreement was made in accordance with the requirements of the Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment. It was also determined that the bargaining process was conducted in good faith, without any undue influence or coercion. Consequently, the Commission approved the agreement, recognising that it was fair and appropriate under the circumstances. The court's decision provided clarity and legal certainty for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established