DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2491)

ELLIS AIR CONDITIONING (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the Ellis Air Conditioning (QLD) 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 Ellis Air Conditioning (QLD) 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 2 September 2020 and, in accordance with s 54, will operate from 9 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 dispute involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ellis Air Conditioning (QLD) Pty Ltd. The union sought approval of the Ellis Air Conditioning (QLD) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019 - 2022, which was made on 31 October 2019, from the Fair Work Commission. The matter was heard by Deputy President M J Cain in the Commission's Brisbane office. The legal issues before the court were whether the agreement was in the public interest and whether the agreement complied with the relevant legislative provisions.

In determining whether the agreement was in the public interest, the court considered the impact of the agreement on the parties, the industry, and the wider community. The court found that the agreement was in the public interest as it provided for a fair and reasonable resolution of the parties' dispute, and it would not have an adverse effect on the industry or the wider community. In considering whether the agreement complied with the legislative provisions, the court found that the agreement complied with all relevant provisions and was therefore valid.

The court approved the agreement and made an order that the agreement be registered with the Fair Work Commission. The order was made on 29 January 2020. The union and Ellis Air Conditioning (QLD) Pty Ltd were directed to give each other notice of the registration of the agreement, and the agreement was to be in force from 1 November 2019.

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