DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/377)

TANK SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH TANK INSTALLATION ENTERPRISE AGREEMENT 2021-2024

Water, sewerage and drainage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MARCH 2021

Application for approval of the Tank Services Pty Ltd & CEPU Plumbing Division - NSW Branch Tank Installation Enterprise Agreement 2021-2024.

[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 Tank Services Pty Ltd & CEPU Plumbing Division - NSW Branch Tank Installation Enterprise Agreement 2021-2024 (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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 March 2021 and, in accordance with s 54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 Tank Services Pty Ltd. The union sought approval of the Tank Installation Enterprise Agreement 2021-2024, which had been negotiated between the union and the employer. The dispute centred on whether the agreement complied with the relevant industrial laws and whether it adequately protected the employees' rights.

The court was tasked with determining whether the agreement met the legal requirements set out in the Fair Work Act 2009. This included assessing whether the agreement was "better off overall" for the employees, whether it contained all the mandated terms, and whether it was free from prohibited content. Additionally, the court had to consider whether the agreement was made in good faith and whether proper consultation processes were followed.

In delivering its judgment, the court carefully examined the terms of the agreement and the evidence provided by both parties. The court found that the agreement was comprehensive and included all the necessary provisions. It also determined that the agreement was fair and reasonable, providing adequate protections and benefits for the employees. Furthermore, the court was satisfied that the agreement was made in good faith and that the consultation process was conducted appropriately.

As a result, the court approved the Tank Installation Enterprise Agreement 2021-2024, allowing it to come into effect and bind both the union and the employer. This decision provided certainty and stability for the employees and ensured that their rights and interests were protected under the terms of the agreement.

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