DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1893)

PLANET PLUMBING QLD PTY LTD (QUEENS WHARF) - UNION COLLECTIVE AGREEMENT 2018

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 5 JULY 2019

Application for approval of the Planet Plumbing QLD Pty Ltd (Queens Wharf) - Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Planet Plumbing QLD Pty Ltd (Queens Wharf) - Union Collective Agreement 2018 (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 12 July 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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 applied for approval of the Planet Plumbing QLD Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The employer, Planet Plumbing QLD Pty Ltd, opposed the application, arguing that the agreement was not in the best interests of the employees. The dispute centred around the terms and conditions of employment within the collective agreement, including pay rates, working conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Act. The Commission also needed to consider the employer's objections and assess whether the agreement would have an adverse effect on the employer's business operations.

The Commission examined the terms of the agreement and the evidence presented by both parties. It found that the agreement provided for fair and reasonable terms and conditions of employment and included provisions for dispute resolution that were in the best interests of the employees. The Commission noted that the employer had not provided sufficient evidence to demonstrate that the agreement would have an adverse effect on its business operations. Consequently, the Commission approved the agreement, stating that it met the requirements for approval under the Act.

The Fair Work Commission approved the Planet Plumbing QLD Pty Ltd (Queens Wharf) - Union Collective Agreement 2018. The employer's objections were dismissed, and the agreement was registered as a registered agreement under the Fair Work Act 2009.

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