DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/3377)

PLANET PLUMBING (ACT) & HEALTH PROJECTS PTY LTD NSW REGIONAL PLUMBING ENTERPRISE AGREEMENT 2017 - 2019

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Planet Plumbing (ACT) & Health Projects Pty Ltd MSW Regional Plumbing Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Planet Plumbing (ACT) & Health Projects Pty Ltd NSW Regional Plumbing Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 30 June 2020.

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 sought approval of the Planet Plumbing (ACT) & Health Projects Pty Ltd MSW Regional Plumbing Enterprise Agreement 2017-2019. The applicant union submitted the agreement under section 234 of the Fair Work Act 2009, arguing that it met the requirements for registration by the Commission. The agreement was made between the union and the employer, covering a range of employees within the plumbing industry in the ACT.

The central legal issue before the Commission was whether the enterprise agreement was made in good faith and if it complied with the provisions of the Fair Work Act. The Commission needed to determine if the agreement was procedurally sound and substantively fair, considering the rights and protections afforded to employees under the Act. This included assessing whether the agreement provided for fair terms and conditions of employment, and whether it had been made without coercion, undue influence or pressure.

The Commission found that the enterprise agreement had been made in good faith and met all statutory requirements. The agreement was procedurally valid, with the union and employer engaging in genuine bargaining processes. The substantive terms of the agreement were also fair and reasonable, providing appropriate protections and entitlements for employees. The Commission took into account the complexity of the bargaining process, the nature of the industry, and the specific circumstances of the agreement. Ultimately, the Commission was satisfied that the agreement provided a fair outcome for all parties involved.

Accordingly, the Fair Work Commission approved the Planet Plumbing (ACT) & Health Projects Pty Ltd MSW Regional Plumbing Enterprise Agreement 2017-2019, registering it under section 176 of the Fair Work Act. The agreement will now be legally binding on the parties and their employees, providing a framework for fair and equitable employment terms and conditions in the plumbing industry within the ACT.

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