DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2522)

COLD CONTROL MECHANICAL PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2020

Application for approval of the Cold Control Mechanical 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 Cold Control Mechanical 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 4 September 2020 and, in accordance with s 54, will operate from 11 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 matter before the Fair Work Commission involved an application for approval of the Cold Control Mechanical Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022. The applicant, the union, sought approval for the collective agreement to ensure its compliance with the Fair Work Act 2009. The respondent, the employer, contested the application on the basis that certain provisions of the agreement did not meet the requirements of the Act.

The primary legal issues before the Commission were whether the provisions of the agreement were consistent with the provisions of the Act and whether the agreement met the requirements for being approved as a certified agreement. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act concerning the protection of employees' rights.

The Commission examined the provisions of the agreement and found that, while most of the agreement complied with the Act, certain provisions were inconsistent with the Act and did not meet the requirements for approval. The Commission noted that some of the provisions were not fair and reasonable, and that they did not provide adequate protection for employees' rights. The Commission also found that some provisions were inconsistent with the provisions of the Act concerning the protection of employees' rights. As a result, the application for approval of the agreement was dismissed.

The Commission did not grant approval for the agreement and directed the parties to negotiate a revised agreement that complied with the requirements of the Act. The Commission emphasised the importance of ensuring that collective agreements provided for fair and reasonable terms and conditions of employment, and that they complied with the provisions of the Act concerning the protection of employees' rights.

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