DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/339)

HATCHMAN CONSTRUCTION SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Hatchman Construction Services Pty Ltd and CEPU Plumbing Division 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 Hatchman Construction Services Pty Ltd and CEPU Plumbing Division 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 the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 February 2021 and, in accordance with s 54, will operate from 24 February 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Hatchman Construction Services Pty Ltd. The union sought approval of the agreement for the period 2019 to 2022. The court was tasked with determining whether the agreement met the necessary criteria for approval under the relevant industrial legislation.

The primary legal issue before the court was whether the agreement contained provisions that were contrary to the public interest or the spirit of the Fair Work Act 2009. Specifically, the court had to examine whether the provisions of the agreement complied with the statutory requirements and whether they were consistent with the overarching objectives of the legislation. The court also needed to assess whether the agreement provided for appropriate mechanisms for dispute resolution and whether it included provisions that would protect employees' rights and interests.

In delivering the judgment, the court carefully considered the terms of the agreement and the submissions made by both parties. The court found that the agreement did not contain any provisions that were contrary to the public interest or the spirit of the legislation. The court also determined that the agreement provided for appropriate mechanisms for dispute resolution and included provisions that would protect employees' rights and interests. The court was satisfied that the agreement was in compliance with the relevant statutory requirements and met the necessary criteria for approval.

As a result, the court approved the collective agreement for the period 2019 to 2022. The decision provides clarity and certainty for the parties involved and ensures that the agreement operates within the framework of the Fair Work Act 2009. The approval of the agreement also facilitates the resolution of any potential disputes that may arise during the term of the agreement, thereby promoting industrial harmony and stability.

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