DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6888)

A.C.A INSULATIONS PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2021

Application for approval of the A.C.A Insulations 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 A.C.A Insulations 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 1 September 2021 and, in accordance with s 54, will operate from 8 September 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the A.C.A Insulations Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022. The company did not oppose the application but raised concerns about certain provisions of the agreement, including the classification of employees and the calculation of overtime. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the provisions of the collective agreement complied with the Fair Work Act 2009. In particular, the Commission needed to determine whether the agreement was "better off overall" for the employees and whether it complied with the "good faith" requirement. The Commission also had to consider whether the agreement was consistent with the "national system" of industrial relations and whether it complied with any relevant awards or agreements.

The Commission found that the agreement was "better off overall" for the employees and complied with the "good faith" requirement. The Commission considered that the agreement provided for a fair and reasonable distribution of benefits between the parties and that it was consistent with the "national system" of industrial relations. The Commission also found that the agreement complied with any relevant awards or agreements. The Commission approved the agreement, subject to certain modifications to address the company's concerns about the classification of employees and the calculation of overtime.

The Commission made orders approving the collective agreement, subject to the modifications made by the Commission. The company and the union were directed to take all necessary steps to give effect to the approved agreement. The parties were also directed to provide a copy of the approved agreement to the Fair Work Ombudsman within five business days of the date of the Commission's decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established