DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6354)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2021

Application for approval of the Navaska Construction 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 Navaska Construction 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).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 4 August 2021 and, in accordance with s 54, will operate from 11 August 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 sought approval of a proposed collective agreement between the union and Navaska Construction Pty Ltd. The matter was heard in the Fair Work Commission. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions, particularly those related to penalty rates and leave entitlements. The primary issue before the Commission was whether the proposed agreement was fair and reasonable in all its terms, taking into account the Fair Work Act and relevant awards and agreements.

The Commission examined the provisions of the agreement and considered the evidence and submissions from both parties. It assessed whether the agreement provided for appropriate wage rates, conditions of employment, and other terms that were fair and reasonable. The Commission also considered the impact of the agreement on the employer's business and the broader industry. After careful consideration, the Commission found that the proposed agreement was fair and reasonable in all its terms, despite some reservations about certain provisions. The Commission approved the agreement, taking into account the need to balance the interests of both parties and ensure that the agreement was consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the proposed collective agreement, subject to certain modifications to address the employer's concerns about the penalty rates and leave entitlements. The modifications included adjustments to the rates and conditions, as well as the inclusion of a clause that allowed for further negotiation of these issues in the future. The Commission's decision was based on a careful consideration of the evidence and submissions from both parties, as well as the relevant legislation and industry context. The approved agreement provides for appropriate wage rates, conditions of employment, and other terms that are fair and reasonable, while also taking into account the employer's need to maintain a viable business.

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