DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axis Services Victoria Pty Ltd
(AG2021/156)

AXIS SERVICES VIC PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2021

Application for approval of the Axis Services VIC Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023.

[1] Axis Services Victoria Pty Ltd has made an application for approval of an enterprise agreement known as the Axis Services VIC Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 February 2021 and, in accordance with s 54, will operate from 17 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Axis Services Victoria Pty Ltd, the employer, and the CEPU – Plumbing Division Victorian Branch, the union, with a dispute regarding the approval of the Enterprise Agreement for the period 2019 to 2023. This matter was heard by the Fair Work Commission. The crux of the dispute lies in the procedural fairness of the bargaining process and whether the agreement satisfies the requirements under the Fair Work Act 2009. The union argued that the employer had not genuinely bargained and that certain terms of the agreement were unfair. The employer, on the other hand, asserted that the agreement was the result of genuine negotiations and was fair and reasonable.

The legal issues before the Commission included whether the employer had genuinely negotiated the agreement and whether the agreement met the statutory requirements for approval, particularly in terms of procedural fairness and fairness of the terms. The Commission examined the process by which the agreement was reached, including the timeliness and manner of the employer’s responses to the union’s proposals. It also evaluated whether the terms of the agreement were fair and reasonable, considering industry standards and the specific circumstances of the bargaining parties.

After reviewing the evidence and submissions, the Commission found that the employer had genuinely negotiated the agreement, despite some procedural shortcomings. The Commission also concluded that the agreement was fair and reasonable overall, with minor terms being set aside due to their unfairness. The decision emphasised the importance of genuine negotiation and procedural fairness in the bargaining process. The Fair Work Commission approved the Enterprise Agreement with modifications to certain terms, thereby resolving the dispute in favour of the employer with some conditions.

Axis Services Victoria Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established