DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3641)

AUSTRALIAN PIPING SOLUTIONS 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 Australian Piping Solutions 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 a greenfields agreement known as the Australian Piping Solutions 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).

[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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), sought approval for a collective agreement between itself and Australian Piping Solutions Pty Ltd. The dispute was heard by the Fair Work Commission (FWC). The legal issues before the FWC were whether the collective agreement complied with the relevant legislative provisions, and whether the agreement was in the best interests of the employees.

The FWC examined the terms of the agreement, considering its compliance with the Fair Work Act 2009. The FWC noted that the agreement contained terms that were fair and reasonable and were not contrary to public policy. The FWC also considered the impact of the agreement on the employees, finding that it provided for fair and reasonable terms and conditions of employment. The FWC was satisfied that the agreement was in the best interests of the employees and approved the collective agreement.

The FWC's approval of the collective agreement was based on its finding that the agreement met the legislative requirements and was in the best interests of the employees. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any terms that were contrary to public policy. The FWC also found that the agreement provided for the protection of employees' rights and interests and was consistent with the principles of the Fair Work Act.

The FWC approved the Australian Piping Solutions Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 – 2022, and the decision was final and binding on the parties.

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