DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2635)

HVAC AUSTRALIA PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019- 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the HVAC Australia Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019- 2022.

[1] 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 HVAC Australia 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 statutory 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 September 2020 and, in accordance with s 54, will operate from 23 September 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 in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and HVAC Australia Pty Ltd. The dispute was about whether the Fair Work Commission should approve a proposed collective agreement between the union and the employer. The case was heard by the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the Commission were whether the agreement complied with the relevant statutory provisions, and if it met the requirements for being approved. The Commission had to determine if the agreement was in the interests of employees, and whether it complied with the Fair Work Act 2009 and other relevant legislation. The Commission also had to consider if the agreement was consistent with the principles of enterprise bargaining and good faith.

The Commission found that the agreement met all the statutory requirements and was in the best interests of the employees. The Commission considered the agreement to be fair and reasonable, and it was consistent with the principles of enterprise bargaining and good faith. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties. The approval was based on the Commission's assessment that the agreement met the necessary legal criteria and was in the best interests of the employees. The Commission did not make any orders beyond approving the agreement as proposed.

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