DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3436)

TRU-FLOW SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 – 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Tru-Flow Services Pty Ltd and CEPU Plumbing Division 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 Tru-Flow Services Pty Ltd and CEPU Plumbing Division 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 27 November 2020 and, in accordance with s 54, will operate from 4 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 parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Tru-Flow Services Pty Ltd (the Employer). The dispute centred around the application for approval of a collective agreement between the Union and the Employer, known as the Tru-Flow Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 – 2022. The case was heard in the Fair Work Commission.

The central legal issue the Court had to address was whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. The Court also needed to consider if the agreement provided for a proper process for resolving workplace disputes.

The Court found that the agreement contained provisions that were fair and reasonable, and that it was made in good faith. The Court noted that the agreement included provisions for the resolution of workplace disputes, as well as provisions for the protection of employees' rights. The Court also found that the agreement provided for a proper process for resolving workplace disputes, and that it was consistent with the principles of the Fair Work Act. The Court approved the agreement, finding that it met all the necessary criteria for approval.

As a result of the Court's decision, the Tru-Flow Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2019 – 2022 was approved, and the Union and the Employer were bound by its terms and conditions. The Court's decision provides clarity for both parties on the terms and conditions of employment, and provides a framework for resolving any future workplace disputes that may arise.

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