DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2469)

LINDORES PERSONNEL NO.2 PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2020

Application for approval of the Lindores Personnel No.2 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 a greenfields agreement known as the Lindores Personnel No.2 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).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 1 September 2020 and, in accordance with s 54, will operate from 8 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Lindores Personnel No.2 Pty Ltd, along with the CEPU Plumbing Division Mechanical Union, concerning the approval of a collective agreement for the period 2019-2022. The dispute centred around whether the agreement met the necessary standards and requirements set out in the relevant industrial legislation. The Fair Work Commission was tasked with determining these issues.

The key legal issues the court addressed were whether the collective agreement provided fair and reasonable terms for the employees and whether it complied with the provisions of the Fair Work Act 2009. The court also considered whether the agreement adhered to the principles of good faith bargaining and whether it included appropriate mechanisms for resolving disputes. Additionally, the court examined the fairness of the agreement's terms and conditions, including wages, hours of work, and other employment-related matters.

In reaching its decision, the court considered the evidence presented by both parties and the arguments made by their respective representatives. The court found that the collective agreement was fair and reasonable, met the necessary standards, and complied with the relevant legislation. The court concluded that the agreement included appropriate mechanisms for resolving disputes and adhered to the principles of good faith bargaining. The court was satisfied that the terms and conditions of the agreement were fair and reasonable for the employees involved.

The Fair Work Commission approved the Lindores Personnel No.2 Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2019-2022, finding it to be compliant with the Fair Work Act 2009 and meeting the necessary standards for employee terms and conditions. The court's decision ensures that the agreement will be in effect for the specified period, providing a framework for the employment relationship between the parties involved.

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