DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/847)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2020

Application for approval of the Inline Mechanical 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 Inline Mechanical 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 3 April 2020 and, in accordance with s 54, will operate from 10 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 case before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, CEPU Plumbing Division - NSW Branch, to have the Inline Mechanical Installations Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 approved by the Fair Work Commission. The agreement was entered into between Inline Mechanical Installations Pty Ltd and the union on behalf of its employees in the mechanical installation sector. The primary issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009.

The court was required to determine if the agreement met the statutory criteria for approval, including whether it provided for the protection of employee entitlements and facilitated a cooperative workplace. The court also had to consider whether the agreement was free from any illegality or coercion and whether it was negotiated in good faith. Another key issue was whether the agreement contained appropriate dispute resolution mechanisms.

The court found that the agreement was consistent with the requirements of the Fair Work Act. The agreement was deemed to have been negotiated in good faith and was free from any illegality or coercion. It provided for the protection of employee entitlements and contained appropriate mechanisms for dispute resolution. The court was satisfied that the agreement facilitated a cooperative workplace and met all the statutory criteria for approval. Consequently, the court approved the agreement and ordered that it be registered with the Fair Work Commission. The union was granted leave to appeal the decision, but the application for approval was otherwise upheld.

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