DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/855)

JENNINGS PIPEWORK SERVICES 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 Jennings Pipework Services 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 Jennings Pipework Services 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Jennings Pipework Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly the provisions concerning the process for bargaining and the content of the agreement. The commission was tasked with determining if the agreement was fairly negotiated and if it complied with the statutory criteria for approval.

The legal issues before the commission involved assessing the procedural fairness of the bargaining process, as well as the substantive content of the agreement. The union argued that the agreement was the product of genuine and fair bargaining and was compliant with the legislative requirements. Conversely, the employer raised concerns about certain clauses, arguing they did not meet the standards set by the Fair Work Act.

The commission carefully examined the evidence presented on the bargaining process, finding that the union and the employer had engaged in negotiations in good faith. The commission also reviewed the terms of the agreement and found that, while some clauses required minor amendments, the overall agreement was fair and met the legislative standards. Consequently, the commission approved the agreement with some modifications to ensure full compliance with the Fair Work Act.

The final orders of the commission included the approval of the Jennings Pipework Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023, subject to the modifications made by the commission. The agreement was to be implemented with the changes necessary to align with the Fair Work Act, ensuring that it was fair and properly negotiated.

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