DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1547)

COUNTRY AIR PLUMBING SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2020

Application for approval of the Country Air Plumbing Services 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 Country Air Plumbing Services 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 16 June 2020 and, in accordance with s 54, will operate from 23 June 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Country Air Plumbing Services Pty Ltd (the Employer). The Union sought approval of the Mechanical Enterprise Agreement 2019-2023 (the Agreement) from the Fair Work Commission (the Commission). The matter was heard in the Federal Circuit Court of Australia. The Union and the Employer had reached an agreement on various terms and conditions of employment for the employees covered by the Agreement. However, the Union sought the Commission’s approval to ensure the Agreement was legally enforceable.

The primary legal issue before the court was whether the terms and conditions of the Agreement were fair and reasonable. The court was required to assess whether the Agreement met the criteria for approval under section 233 of the Fair Work Act 2009 (Cth). The Union argued that the Agreement was fair and reasonable, while the Employer contended that certain provisions were unfair and should not be approved. The court had to consider the fairness of the Agreement, including the balance of rights and obligations, the process by which the Agreement was negotiated, and whether the Agreement complied with the requirements of the Fair Work Act.

The court found that the Agreement was fair and reasonable, meeting all the criteria for approval under the Fair Work Act. The court emphasised that the Agreement had been negotiated in good faith and that the process was transparent and inclusive. The court also noted that the Agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it. The court concluded that the provisions contested by the Employer did not render the Agreement unfair or unreasonable. Consequently, the court approved the Agreement, making it legally enforceable between the Union and the Employer.

The court’s decision resulted in the approval of the Mechanical Enterprise Agreement 2019-2023, which became legally binding on the Union, the Employer, and the employees covered by the Agreement. The Union and the Employer were required to comply with the terms and conditions set out in the Agreement, ensuring fair and reasonable employment practices in the mechanical sector.

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