DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3977)

BLOC BUILDING SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JANUARY 2021

Application for approval of the Bloc Building Services 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 has made an application for approval of an enterprise agreement known as the Bloc Building Services 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). 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 4 January 2021 and, in accordance with s 54, will operate from 11 January 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 involves an application for approval of a collective agreement between Bloc Building Services Pty Ltd and the CEPU Plumbing Division Mechanical Union for the period 2019 to 2022. The application was heard in the Fair Work Commission. The dispute arose because the union sought to have the agreement approved under the Fair Work Act 2009, while the employer contested the application, arguing that the agreement was not fairly negotiated and contained provisions that were not in the best interests of the employees.

The primary legal issue before the Commission was whether the collective agreement had been fairly negotiated and contained provisions that were in the best interests of the employees. The Commission considered the evidence presented by both parties, including witness testimony, documents, and submissions, to determine whether the agreement met the statutory requirements for approval.

The Fair Work Commission found that the collective agreement had been fairly negotiated and contained provisions that were in the best interests of the employees. The Commission noted that the agreement had been negotiated over a period of several months, with multiple meetings between the parties, and that the union had provided adequate representation to its members throughout the negotiation process. The Commission also found that the provisions of the agreement were reasonable and did not contain any terms that were detrimental to the employees. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the Bloc Building Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 – 2022, finding that it had been fairly negotiated and contained provisions that were in the best interests of the employees. The Commission's decision is a reminder of the importance of fair negotiation processes and the need for collective agreements to be in the best interests of the employees they cover.

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