DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5394)

ASV (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2021

Application for approval of the ASV (Qld) 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 ASV (Qld) 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 7 June 2021 and, in accordance with s 54, will operate from 14 June 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and ASV (Qld) Pty Ltd (ASV). The dispute centred around whether the proposed 2019-2022 collective agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with examining the agreement to ensure it did not undermine the core entitlements of employees, particularly those related to wages, conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement complied with the statutory provisions of the Fair Work Act, particularly sections 234 and 235. These sections require that collective agreements be made in good faith, be free from coercion and undue influence, and ensure that employees do not receive less favourable conditions than those provided for in a registered agreement or award. The Union and ASV argued that the agreement was a fair and reasonable representation of the terms agreed upon by the parties, while no other stakeholders contested the agreement's provisions.

The Commission carefully examined the collective agreement to assess its compliance with the statutory requirements. It found that the agreement contained provisions that were not less favourable than those in the relevant awards or registered agreements, and it did not undermine the protections afforded to employees. The Commission was satisfied that the agreement was made in good faith and did not exhibit any signs of coercion or undue influence. It was also noted that the agreement included provisions for dispute resolution mechanisms that were accessible and fair. Based on these findings, the Commission approved the collective agreement, recognising it as a fair and reasonable representation of the terms agreed upon by the parties.

The Fair Work Commission approved the 2019-2022 collective agreement between the Union and ASV. This decision was grounded in the Commission's determination that the agreement complied with the statutory requirements of the Fair Work Act, including being made in good faith and ensuring that employees did not receive less favourable conditions than those provided for in the relevant awards or registered agreements. The Commission's approval of the agreement allows it to come into effect, providing a framework for the terms and conditions of employment between the Union and ASV for the specified period.

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