DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6014)

B & L MECHANICAL AIR SERVICES PTY LTD & CEPU PLUMBING DIVISION - TWEED HEADS HOSPITAL MECHANICAL GREENFIELDS AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2021

Application for approval of the B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021.

[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 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021 (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] The employer has provided a written undertaking, a copy of which is attached to this decision in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The CEPU does not oppose the undertaking. The undertaking is taken to be a term of the agreement.

[4] 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.

[5] The Agreement was approved on 26 July 2021 and, in accordance with s 54, will operate from 2 August 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division. The union sought approval for a proposed greenfields agreement concerning the mechanical services at Tweed Heads Hospital. The application was heard in the Fair Work Commission, a federal tribunal with jurisdiction over workplace relations matters.

The central legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for a greenfields agreement and if it adhered to the relevant provisions concerning employee protections and workplace standards. This included examining whether the agreement adequately balanced the interests of the employer and the employees.

In its decision, the court found that the proposed agreement met the statutory requirements for a greenfields agreement. The court was satisfied that the agreement provided for a comprehensive set of terms and conditions that covered all aspects of employment, including wages, hours of work, and other conditions of employment. The court also noted that the agreement included provisions that protected employees' rights and interests, ensuring that the agreement was fair and reasonable. As a result, the court approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act.

The court's approval of the agreement marked the successful conclusion of the union's application. The agreement is now in effect, providing a framework for the employment of workers in the mechanical services division at Tweed Heads Hospital. The decision underscores the importance of ensuring that workplace agreements meet the necessary legal standards and adequately protect the rights of employees.

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