DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1972)

POLARIS MECHANICAL PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2020

Application for approval of the Polaris Mechanical Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023.

[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 Polaris Mechanical Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 (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 have 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 17 July 2020 and, in accordance with s 54, will operate from 24 July 2020. The nominal expiry date of the Agreement is 30 September 2023.

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, acting on behalf of the CEPU Plumbing Division – NSW Branch, and Polaris Mechanical Pty Ltd. The union sought approval of a proposed enterprise agreement between the union and the employer, covering the period from 2019 to 2023. The primary dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing whether the agreement provided for the mandatory terms as required by section 234 of the Act, whether it contained any provisions that were contrary to public policy, and if it was made in good faith and without coercion. The Commission also had to consider whether the agreement was likely to have a detrimental effect on employees and whether it complied with the Fair Work (Registered Organisations) Act 2009. The union argued that the agreement was fair and reasonable, while Polaris Mechanical contended that certain provisions could adversely affect its business operations.

The Fair Work Commission found that the agreement was consistent with the statutory requirements, providing for the mandatory terms and not containing any provisions that were contrary to public policy. The Commission noted that the agreement was made in good faith and without coercion, and it did not find any evidence of detrimental effects on the employees. The Commission was satisfied that the agreement complied with the Fair Work (Registered Organisations) Act 2009 and was likely to promote harmonious, productive, and cooperative workplace relations. The Commission approved the proposed agreement, deeming it to be in the best interests of the employees and the employer.

In approving the Polaris Mechanical Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2019-2023, the Fair Work Commission made an order under section 235 of the Fair Work Act 2009, granting the agreement interim application from the date of approval. The agreement will remain in force until it is superseded by a new agreement or until it is terminated under the provisions of the Fair Work Act. The Commission's decision ensures that the terms of the agreement are legally binding on both the employer and the employees, providing a framework for their future industrial relations.

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