Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2021] FWCA 6126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/7676)

AIRMOYES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 OCTOBER 2021

Application for approval of the Airmoyes Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Airmoyes Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022 (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 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 5 October 2021 and, in accordance with s 54, will operate from 12 October 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Airmoyes Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022. The primary dispute centred on whether the terms of the proposed agreement were in accordance with relevant legislative requirements and whether it was appropriate to grant approval. The case was heard in the Fair Work Commission, a federal workplace relations tribunal in Australia.

The legal issues at hand required the court to determine if the collective agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court needed to examine if the agreement contained all necessary terms, if it adhered to the prescribed form and content requirements, and if it was made in good faith. Additionally, the court had to consider if the agreement provided for a fair and efficient workplace and if it was in line with the objectives of the Fair Work Act.

The Fair Work Commission evaluated the collective agreement in detail, assessing its conformity with the legislative framework and its potential impact on the workforce. The court found that the agreement contained all the necessary terms, met the prescribed form and content requirements, and was made in good faith. It also determined that the agreement provided for a fair and efficient workplace and aligned with the objectives of the Fair Work Act. Consequently, the court granted approval for the Airmoyes Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022.

The final orders of the court were that the application for approval of the collective agreement was approved, and the agreement was deemed to be in compliance with the relevant legislation. This decision allowed the agreement to take effect, providing a framework for the terms and conditions of employment for the relevant workforce.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established