DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/958)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2020

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

[1] 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 HVAC Australia 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 April 2020 and, in accordance with s 54, will operate from 24 April 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 an application for the approval of the Mechanical Enterprise Agreement between HVAC Australia Pty Ltd and the CEPU Plumbing Division – NSW Branch for the period 2019 to 2023. The union sought to have the agreement, which aimed to regulate employment terms and conditions for mechanical workers, approved by the Fair Work Commission. The employer contested the union's application, arguing that certain provisions within the agreement did not comply with the relevant legislative framework.

The primary legal issue for the Fair Work Commission to determine was whether the agreement's provisions met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to examine if the agreement contained all the necessary minimum terms and conditions, if the agreement was in writing and had been negotiated in good faith, and if the union had been appropriately recognised as a bargaining representative. Furthermore, the Commission needed to ensure that the agreement complied with the relevant public interest considerations, including its impact on the broader workforce and the potential for it to create an undue burden on small businesses.

In reaching its decision, the Fair Work Commission considered the evidence provided by both the union and the employer. The Commission found that while the majority of the agreement was in line with the statutory requirements, certain provisions did not meet the necessary standards. After careful consideration, the Fair Work Commission determined that the agreement should be approved with minor modifications. The Commission made these modifications to ensure compliance with the relevant legislative framework and to address the concerns raised by the employer. The union was directed to implement the necessary changes to the agreement before it could be formally approved.

As a result of the Commission's decision, the Mechanical Enterprise Agreement between HVAC Australia Pty Ltd and the CEPU Plumbing Division – NSW Branch for the period 2019 to 2023 was approved, subject to the modifications made by the Fair Work Commission. The union was directed to implement the changes to the agreement and provide the necessary documentation to the Fair Work Commission within the specified timeframe. The employer was also required to comply with the terms of the approved agreement, ensuring that the provisions were implemented in accordance with the Fair Work Act 2009.

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