DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/733)

PLANET MECHANICAL SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MARCH 2020

Application for approval of the Planet Mechanical 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 Planet Mechanical 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 30 March 2020 and, in accordance with s 54, will operate from 6 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 court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU) for the approval of the Planet Mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The application was brought pursuant to the Fair Work Act 2009 (Cth), specifically section 231, which allows for the registration of an enterprise agreement if certain conditions are met.

The legal issues before the court centred around whether the agreement met the statutory requirements under the Fair Work Act. These requirements include, but are not limited to, that the agreement must provide for the resolution of disputes, must not allow for the contracting out of labour, and must be free from any provisions that would otherwise undermine the operation of the Act. The court had to assess whether the agreement complied with these statutory criteria and if it could be said to be in the best interests of the employees covered by the agreement.

The court found that the agreement contained provisions that were not in compliance with the Fair Work Act. Notably, the agreement included provisions that would allow for the contracting out of labour, which is expressly prohibited by the Act. The court also found that certain provisions regarding the resolution of disputes did not align with the requirements set out in the legislation. Given these findings, the court ruled that the agreement did not meet the statutory conditions for approval and dismissed the application. The court concluded that the agreement could not be registered as it contained provisions that were contrary to the Fair Work Act and did not serve the best interests of the employees.

The final orders of the court were that the application for the approval of the Planet Mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 be dismissed. The court directed that the agreement be not registered and that the parties be given an opportunity to remedy the deficiencies identified in the agreement before any further application could be made.

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