Tullamarine Plumbing & Drainage Pty Ltd

[2024] FWCA 2002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tullamarine Plumbing & Drainage Pty Ltd

(AG2024/1755)

TULLAMARINE PLUMBING & DRAINAGE PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 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 Pty Ltd 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 31 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tullamarine Plumbing & Drainage Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the 2024-2027 Plumbing Enterprise Agreement between itself and the CEPU – Plumbing Division (Vic), the applicant. The agreement sought to regulate the terms and conditions of employment for workers in the plumbing industry within Victoria. The application was heard by Commissioner Scott, who was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the "better off overall test" (BOOT) as required by section 234 of the Fair Work Act 2009. This test required that employees be no worse off financially and at least one term or condition of employment must be better than the applicable award. Additionally, the Commission had to ensure the agreement complied with procedural requirements, such as proper consultation and notice provisions, as stipulated by the Fair Work Act.

The Commission examined the financial implications of the agreement, finding that employees would receive a 3% annual wage increase and additional benefits, including improved leave entitlements and a new health and wellness program. The Commission also assessed the procedural fairness of the bargaining process, confirming that both parties had engaged in genuine and meaningful negotiations. Given these findings, Commissioner Scott concluded that the agreement met the BOOT and complied with all procedural requirements. The Commission approved the agreement, which will now serve as the basis for employment conditions between the parties for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established