DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3573)

THERMAL GROUP PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2020

Application for approval of the Thermal Group 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 Thermal Group 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 December 2020 and, in accordance with s 54, will operate from 11 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for a collective agreement between the Thermal Group Pty Ltd and the CEPU Plumbing Division Mechanical Union for the period 2019 to 2022. The union argued that the agreement was in the best interests of its members, while the employer contested certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the provisions of the Fair Work Act, particularly sections relating to the avoidance of industrial action and the promotion of workplace harmony. The Commission had to consider the balance between the rights of employers and employees, the enforceability of the agreement, and the overall fairness of the terms and conditions outlined in the document. Additionally, the Commission needed to assess whether the agreement provided for the minimum entitlements of employees and whether it adhered to the principles of good faith bargaining.

In delivering its decision, the Commission examined the provisions of the agreement in detail, taking into account the submissions from both parties. The Commission found that, while the agreement contained some provisions that could be seen as potentially contentious, it ultimately met the statutory requirements for approval. The Commission was satisfied that the agreement provided for the minimum entitlements of employees and that it was fair and reasonable in its terms. The Commission emphasised the importance of good faith bargaining and workplace harmony, and concluded that the agreement promoted these principles effectively. As a result, the Commission approved the collective agreement, finding it to be in the best interests of the employees and compliant with the relevant legislation.

The Fair Work Commission approved the Thermal Group Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022, effective from 1 July 2019. The Commission's decision was based on its finding that the agreement met the statutory requirements for approval and provided for the minimum entitlements of employees. The Commission noted that while some provisions could be seen as contentious, the overall balance of the agreement was fair and reasonable. The approval of the agreement was a significant outcome for both the union and the employer, as it provided a framework for industrial relations within the specified period.

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