DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/858)

AXIS PLUMBING NSW GROUP PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2020

Application for approval of the Axis Plumbing NSW Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing 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 Axis Plumbing NSW Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing 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 Fair Work Commission involved an application for the approval of the Axis Plumbing NSW Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The dispute arose between the union, represented by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the employer, Axis Plumbing NSW Group Pty Ltd. The union sought approval for the enterprise agreement, which had been negotiated and agreed upon by both parties. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the procedural fairness in the negotiation process and the substantive terms of the agreement. The union argued that the agreement had been negotiated in good faith and was fair and reasonable, while the employer contended that certain provisions did not comply with the statutory requirements. The Commission needed to assess the negotiation process, the fairness of the terms, and whether the agreement was in the best interests of the employees.

In delivering the decision, the Fair Work Commission carefully examined the evidence presented by both parties. The Commission found that the agreement had been negotiated in good faith and that the negotiation process was procedurally fair. Regarding the substantive terms, the Commission concluded that the agreement was fair and reasonable, taking into account the nature of the industry, the economic context, and the interests of the employees. The Commission approved the enterprise agreement, noting that it provided appropriate protections and benefits for the employees while balancing the interests of the employer. The decision emphasised the importance of fair and reasonable agreements that promote industrial peace and productivity.

The final orders of the Commission were that the Axis Plumbing NSW Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 be approved as a registered agreement under the Fair Work Act. The agreement was to be in effect from the date of registration and would govern the employment conditions of the employees covered by the agreement for the specified period. The Commission's decision provided certainty and stability for both the union and the employer, ensuring that the terms of the agreement would be upheld in the workplace.

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