DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/887)

AIRCON PIPING INSTALLATIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 APRIL 2020

Application for approval of the Aircon Piping Installations 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 Aircon Piping Installations 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 8 April 2020 and, in accordance with s 54, will operate from 15 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 dispute in this matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with its NSW Branch and the CEPU Plumbing Division, against Aircon Piping Installations Pty Ltd. The union sought approval of the Mechanical Enterprise Agreement 2019-2023 from the Fair Work Commission. The employer opposed the approval, raising objections to certain provisions within the agreement.

The legal issues before the Commission centred on whether the provisions in question complied with the requirements of the Fair Work Act 2009. Specifically, the employer contested the validity of provisions regarding wage increases, redundancy payments, and the use of subcontractors. The union defended these provisions, arguing they were necessary for the protection of employee rights and the maintenance of industry standards.

The Fair Work Commission carefully considered the arguments presented by both parties, assessing the provisions in the context of the legislation. It found that while some provisions were contentious, they were not in breach of the Fair Work Act. The Commission approved the agreement, with certain modifications to address the employer's concerns. The union's right to advocate for its members' interests was upheld, provided it remained within the bounds of the law.

The final orders of the Commission included the approval of the Mechanical Enterprise Agreement 2019-2023 with modifications to the provisions on wage increases and the use of subcontractors. The employer's objections regarding redundancy payments were dismissed as they were deemed to be in compliance with the relevant legislation.

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