DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3099)

CC P & D PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2020

Application for approval of the CC P & D 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 CC P & D 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 October 2020 and, in accordance with s 54, will operate from 3 November 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who sought approval of a collective agreement with CC P & D Pty Ltd for the period 2019 to 2022. The application was heard by the Fair Work Commission, a body established under the Fair Work Act 2009. The union argued that the agreement was necessary to ensure fair wages and conditions for its members, while CC P & D Pty Ltd contended that certain provisions in the agreement were overly restrictive and could negatively impact its business operations.

The legal issues before the court included whether the collective agreement complied with the requirements of the Fair Work Act, including provisions related to enterprise bargaining, good faith negotiations, and the avoidance of restrictive trade practices. The court was also required to consider whether the agreement contained terms that were reasonable and fair, taking into account the interests of both the union and the employer. Additionally, the court had to determine if the agreement complied with the principles of the National Employment Standards and the general protections afforded to employees under Australian law.

In delivering its decision, the court found that the majority of the terms and conditions in the agreement were fair and reasonable, reflecting the outcomes of good faith negotiations between the parties. The court recognised the importance of protecting the rights of employees to bargain collectively and emphasised the need for a balance between the rights of employers and employees. However, the court also noted that certain provisions in the agreement were overly restrictive and could potentially limit the employer's ability to operate its business effectively. As a result, the court made several modifications to the agreement to ensure that it complied with the requirements of the Fair Work Act and protected the interests of both parties.

Following the court's decision, the union and CC P & D Pty Ltd were required to implement the modified agreement. The court's approval of the collective agreement, with the necessary amendments, ensured that the rights and interests of both the union and the employer were protected, while also promoting fair and reasonable terms and conditions of employment for the employees covered by the agreement.

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