DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CEPU of Australia – Plumbing Division NSW Branch
(AG2017/5863)

BROWN & MOODIE (NSW) MECH PIPE PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Brown & Moodie (NSW) Mech Pipe Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Brown & Moodie (NSW) Pipe Mech Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CEPU of Australia – Plumbing Division NSW Branch. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application for approval of the Mechanical Enterprise Agreement between Brown & Moodie (NSW) Mechanical Pipe Pty Ltd and CEPU of Australia – Plumbing Division NSW Branch for the period 2015-2019. The FWC was required to consider whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The applicants argued that the agreement was fair and reasonable, while the respondents, who represented the employees, contended that the agreement was deficient and did not adequately protect the employees' interests.

The FWC examined the provisions of the agreement and the submissions of both parties. The court considered whether the agreement complied with the formal requirements under the Fair Work Act 2009, including whether it contained the prescribed minimum terms and conditions, and whether it had been negotiated in good faith. The FWC also assessed whether the agreement provided for a fair and reasonable outcome for the employees, taking into account the principles of contemporary awards and the need for a safety net for vulnerable workers.

After considering the submissions and evidence, the FWC approved the agreement. The FWC found that the agreement complied with the formal requirements and contained the prescribed minimum terms and conditions. The FWC also found that the agreement provided for a fair and reasonable outcome for the employees, taking into account the need for a safety net for vulnerable workers and the principles of contemporary awards. The FWC noted that the agreement provided for a number of benefits for the employees, including increased wages and improved working conditions.

The FWC approved the Mechanical Enterprise Agreement between Brown & Moodie (NSW) Mechanical Pipe Pty Ltd and CEPU of Australia – Plumbing Division NSW Branch for the period 2015-2019.

CEPU of Australia – Plumbing Division NSW Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established