DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1130)

WOLLONGONG MECHANICAL 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 Wollongong Mechanical 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 Wollongong Mechanical 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 case before the court was between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Wollongong Mechanical Plumbing Pty Ltd, CEPU Plumbing Division – NSW Branch. The Union sought approval of the Mechanical Enterprise Agreement 2019-2023 (the Agreement) for the employees of Wollongong Mechanical Plumbing Pty Ltd. The primary issue for the court was to determine whether the Agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth), particularly in relation to procedural fairness and the protection of employees' rights.

The court examined whether the Union had followed proper procedures in the negotiation and finalisation of the Agreement. This included assessing whether the Union provided adequate notice to the employees and the employer of the meeting to approve the Agreement, and whether the employees had a reasonable opportunity to participate in the decision-making process. The court also considered whether the Agreement contained terms that were contrary to public policy or that failed to protect employees' rights adequately.

The court concluded that the Union had acted in accordance with the requirements of the Act. The Union had given proper notice to the employees and employer and provided an opportunity for the employees to be involved in the approval process. The terms of the Agreement were found to be fair and did not contravene any public policy or fail to protect employees' rights adequately. Therefore, the court approved the Agreement.

The court's final order was that the Mechanical Enterprise Agreement 2019-2023 be approved and registered under the Fair Work Act 2009 (Cth). This decision ensures that the Agreement is legally binding and enforceable between the Union, Wollongong Mechanical Plumbing Pty Ltd, and the employees covered by the Agreement.

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