DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1127)

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

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Confident Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019- 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2020. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

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, along with the CEPU Plumbing Division - NSW Branch, against Confident Plumbing Pty Ltd. The dispute centred around the application for approval of the Mechanical Enterprise Agreement 2019-2023, which was negotiated between the parties. The case was heard by the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to resolve workplace disputes and to promote fair and efficient workplace relations.

The primary legal issues that the court needed to address were whether the agreement met the criteria for approval as set out in the Fair Work Act. This included assessing whether the agreement was in the public interest, whether it provided for fair and efficient industrial relations, and whether it was negotiated in good faith. Additionally, the court had to determine if the agreement complied with the provisions for bargaining in good faith and if it contained appropriate dispute resolution mechanisms. The court also examined whether the agreement was fair and reasonable in terms of its provisions for wages, conditions, and other matters.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including submissions on the negotiation process and the contents of the agreement. The court found that the agreement was negotiated in good faith and met the criteria for approval. The provisions of the agreement were deemed to be fair and reasonable, taking into account the economic context and the bargaining positions of the parties. The court concluded that the agreement was in the public interest and would promote fair and efficient industrial relations. Consequently, the application for approval of the Mechanical Enterprise Agreement 2019-2023 was granted.

The final orders of the court included the approval of the Mechanical Enterprise Agreement 2019-2023, which would now be legally binding on the parties involved. The agreement would apply to the employees of Confident Plumbing Pty Ltd covered by the agreement, and the terms would govern their employment conditions until the end of the agreement period.

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