DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/2090)

HVAC COMMERCIAL PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2019

Application for approval of the HVAC Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019

[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 HVAC Commercial Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (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 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.

[4] The Agreement was approved on 9 July 2019 and, in accordance with s 54, will operate from 16 July 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the HVAC Commercial Pty Ltd. The union sought approval of an enterprise agreement between itself and the company, which was to govern the employment of workers within the plumbing division for the period 2016-2019. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The union argued that the proposed agreement met all statutory requirements and was fair and reasonable for the workers it covered, while the company maintained that certain provisions were overly restrictive and did not align with the principles of good faith bargaining.

The court was required to determine whether the agreement was fair and reasonable, and if it complied with the relevant legislative provisions. This included assessing if the agreement contained provisions that were contrary to the principles of good faith bargaining and whether it provided for a fair and reasonable rate of pay and conditions. The court also needed to consider if the agreement contained any provisions that were not in the best interests of the employees and whether the union had genuinely negotiated the agreement in good faith.

In its reasoning, the court examined the provisions of the agreement and the evidence presented by both parties. It found that the union had genuinely negotiated the agreement in good faith and that the provisions were fair and reasonable for the workers covered by the agreement. The court also determined that the agreement complied with all relevant legislative provisions and did not contain any provisions that were contrary to the principles of good faith bargaining or in the best interests of the employees. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions, including a requirement for the union and the company to review the agreement within two years of the approval date. The court ordered that the agreement would be registered and would become a binding enterprise agreement between the parties from the date of the approval. The decision was a significant step forward in the negotiation and implementation of enterprise agreements in the plumbing industry, and provided a framework for future negotiations between the union and employers in the 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