DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3590)

SJS MECHANICAL SERVICES PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the SJS Mechanical Services Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 - 2023 approved. The union sought this approval under the Fair Work Act 2009, arguing that the agreement met the necessary criteria to be made a registered agreement.

The central legal issues revolved around whether the agreement had been fairly negotiated, and whether it contained the minimum terms and conditions as required by the Fair Work Act. The court was tasked with reviewing the processes through which the agreement was negotiated and determining whether the agreement provided adequate protections and benefits to the employees covered by it. Additionally, the court had to ascertain whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its registration and enforceability.

The court considered the evidence presented regarding the negotiation process and found that the agreement had been fairly negotiated in good faith. It was determined that the agreement contained all the required minimum terms and conditions, and that it met the criteria for registration under the Fair Work Act. The court also examined the provisions of the agreement and found that it provided for fair and reasonable terms for the employees. Given these findings, the court approved the agreement, and it was registered accordingly. The union's application was successful, and the agreement was approved for registration.

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