DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3633)

BNE AIR PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2020

Application for approval of the BNE Air 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 BNE Air 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 9 December 2020 and, in accordance with s 54, will operate from 16 December 2020. 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 before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the BNE Air Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022 approved as a registered agreement under the Fair Work Act 2009. The applicant union and the employer had reached a negotiated agreement, but it needed formal approval from the Commission to have legal effect. The Commission was tasked with determining whether the agreement met all the requirements for registration, including that it was made in good faith, did not discriminate, and was not contrary to public policy.

The central legal issues before the Commission were whether the agreement was genuinely negotiated between the parties, whether it complied with the procedural requirements of the Act, and whether it met the substantive criteria for registration. The Commission examined the process by which the agreement was negotiated and whether it adhered to the principles of good faith bargaining. The Commission also considered whether the agreement contained any provisions that were contrary to public policy, including provisions on pay rates, working conditions, and dispute resolution.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated in good faith and met all the requirements for registration. The Commission concluded that the process by which the agreement was reached was fair and transparent, and that the provisions of the agreement did not contravene any relevant public policy. The Commission approved the agreement as a registered agreement, effective from the date of the decision.

The Commission's final order was that the BNE Air Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022 be approved as a registered agreement under the Fair Work Act 2009, with effect from the date of the decision. The order also included a direction that the agreement be registered with the Commission and that a copy be provided to the relevant parties. The Commission's decision provides clarity and certainty for the parties and sets a precedent for similar agreements in the future.

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