DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2489)

D & E AIR CONDITIONING PTY LIMITED AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the D & E Air Conditioning Pty Limited 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 D & E Air Conditioning Pty Limited 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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and D & E Air Conditioning Pty Limited and CEPU Plumbing Division Mechanical Union (the Respondents). The Applicant sought approval of a collective agreement between the parties for the period 2019 to 2022. The dispute centred around various terms and conditions of employment, including wages, hours of work, and other employment-related provisions. The Commission was tasked with determining whether the agreement met the legal requirements and was fair and reasonable.

The central legal issue before the Commission was whether the collective agreement complied with the relevant legislative provisions and whether it was fair and reasonable. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, including whether it met the minimum standards set by the Fair Work Act 2009. The Commission also needed to determine whether the agreement had been made in good faith and whether it was consistent with the principles of the Fair Work Act.

After considering the submissions and evidence from both parties, the Commission found that the collective agreement was fair and reasonable. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment and met the minimum standards set by the Fair Work Act. The Commission also found that the agreement had been made in good faith and was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the collective agreement.

The Commission's approval of the collective agreement means that it is now legally binding on the parties and can be used as a basis for resolving any future disputes between them. The agreement sets out the terms and conditions of employment for the relevant employees, including their wages, hours of work, and other employment-related provisions. The approval of the agreement ensures that the parties are able to operate within a fair and reasonable framework, which is in the best interests of both the employees and the employer.

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