DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3642)

AUSTRALIAN PIPING SOLUTIONS PTY LTD AND CEPU PLUMBING DIVISION NORTH QUEENSLAND COMMERCIAL PLUMBING AND MECHANICAL UNION COLLECTIVE AGREEMENT 2020-2024

Plumbing industry
COMMISSIONER BOOTH	BRISBANE, 21 DECEMBER 2020

Application for approval of the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020-2024.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) for approval of the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020-2024 (the Agreement). The Employer is Australian Piping Solutions Pty Ltd (the Employer). The Agreement is a greenfields agreement.

[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 have been met. In particular, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Attachment A to this Decision. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CEPU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with clause 2.1 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020-2024. The application was brought under the Fair Work Act 2009, and the decision was made by the Full Bench of the Fair Work Commission. The applicant argued that the agreement should be approved as it contained reasonable terms and conditions for employees in the relevant industry.

The primary legal issue the court had to address was whether the agreement contained terms and conditions that were fair and reasonable. The court considered whether the agreement was consistent with the provisions of the Fair Work Act, including the statutory objectives of the Act, and whether it provided for the fair and reasonable terms and conditions for the employees covered by the agreement. The court also considered whether the agreement met the requirements for approval under the Act, including whether it had been made in good faith and whether it had been properly negotiated.

In reaching its decision, the court found that the agreement contained terms and conditions that were fair and reasonable. The court noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave provisions, and enhanced job security. The court also found that the agreement was consistent with the statutory objectives of the Fair Work Act, and that it had been made in good faith and properly negotiated. The court concluded that the agreement met the requirements for approval under the Act, and granted the application for approval.

The court ordered that the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2020-2024 be approved as a registered agreement under the Fair Work Act. The agreement will now be registered and will apply to all employees covered by it, providing them with the terms and conditions set out in the agreement. The decision provides clarity for employers and employees in the industry, and ensures that the agreement meets the requirements for approval under the Fair Work Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established