DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/683)

BROWN & MOODIE (NSW) MECH PIPE PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2020

Application for approval of the Brown & Moodie (NSW) Mech Pipe Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023.

[1] 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 Brown & Moodie (NSW) Mech Pipe 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[5] The Agreement was approved on 26 March 2020 and, in accordance with s 54, will operate from 2 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Brown & Moodie (NSW) Mech Pipe Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The dispute arose in the Fair Work Commission, where the union aimed to secure the formal recognition of this agreement, which outlined terms and conditions for employees within the mechanical sector in New South Wales. The respondent in this case was the employer, Brown & Moodie (NSW) Mech Pipe Pty Ltd.

The legal issues before the commission were primarily concerned with the compliance of the enterprise agreement with the Fair Work Act 2009. The union had to demonstrate that the agreement met the statutory requirements for fair and reasonable terms, including provisions related to minimum wages, leave entitlements, and other employment conditions. Additionally, the commission had to determine if the agreement was made free from any improper influences or coercion, as mandated by the legislation.

In its decision, the commission carefully examined the provisions of the agreement, assessing whether they were fair and reasonable in all respects. The union presented evidence supporting the negotiation process and the agreement's benefits for the employees. The commission found that the agreement was largely consistent with the principles of the Fair Work Act, although it made some adjustments to certain clauses to ensure they met the legal standards. The commission approved the agreement with these modifications, confirming that it was fair and reasonable for the purposes of the Act.

The final orders of the commission included the approval of the enterprise agreement, subject to the modifications made during the hearing. The union's application was thus successful, and the agreement was formally recognised, providing a legally binding framework for employment conditions within the specified sector.

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