DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/194)

WHO GROUP TRADES & LABOUR PTY LTD ENTERPRISE BARGAINING AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 FEBRUARY 2020

Application for approval of the Who Group Trades & Labour Pty Ltd Enterprise Bargaining Agreement 2019-2022

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Who Group Trades & Labour Pty Ltd Enterprise Bargaining Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The CEPU, 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 20 February 2020 and, in accordance with s 54, will operate from 27 February 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Who Group Trades & Labour Pty Ltd Enterprise Bargaining Agreement 2019-2022. The union argued that the agreement was in the best interests of the employees and that it had been negotiated in good faith. The nature of the dispute was whether the agreement met the necessary criteria for approval under the relevant industrial relations laws.

The court was required to determine whether the agreement was fair and reasonable, had been negotiated in good faith, and met the criteria for approval as outlined in the Fair Work Act 2009. Additionally, the court had to consider whether the agreement adequately addressed the needs and interests of the employees, and if it was consistent with the principles of the national workplace relations system.

The court carefully examined the terms and conditions of the agreement, considering the specific needs and circumstances of the employees. It was satisfied that the agreement had been negotiated in good faith and was fair and reasonable. The court found that the agreement met all the necessary criteria for approval, and therefore granted the union's application for approval of the agreement. The court's decision was based on the evidence presented and the legal framework within which the agreement had been negotiated and was to be approved.

As a result of the court's decision, the Who Group Trades & Labour Pty Ltd Enterprise Bargaining Agreement 2019-2022 was approved and became legally binding. The agreement now governs the employment conditions of the relevant employees for the specified period, providing them with the rights and protections outlined in the approved terms.

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