DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1208)

PLANET PLUMBING ACT & HEALTH PROJECTS PTY LTD & CEPU ACT PLUMBING ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	ALBURY, 19 JUNE 2019

Application for approval of the Planet Plumbing ACT & Health Projects PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Planet Plumbing ACT & Health Projects PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020 (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 (CEPU). 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.

[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 19 June 2019 and, in accordance with s.54, will operate from 26 June 2019. The nominal expiry date of the Agreement is 30 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Planet Plumbing ACT & Health Projects PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020. The court had to decide whether to approve the agreement, which was negotiated between the union and the employer and which aimed to regulate the employment terms and conditions for the union's members. The application was brought under the Fair Work Act 2009, which allows for the registration of enterprise agreements that meet certain criteria.

The court needed to determine if the agreement met the requirements for registration under the Fair Work Act. This involved assessing whether the agreement had been fairly negotiated, was free from coercion and undue influence, and provided for certain minimum terms and conditions. The court also had to consider whether the agreement complied with the provisions of the Act, including the requirement that it not undermine the operation of the safety net of minimum wages and conditions.

The court found that the agreement had been fairly negotiated and met all the necessary requirements for approval. The union and the employer had engaged in genuine bargaining, and the agreement contained all the mandatory minimum terms and conditions as prescribed by the Act. The court was satisfied that the agreement did not undermine the safety net of minimum wages and conditions, and therefore, it was appropriate for the agreement to be approved and registered. The court approved the agreement, allowing it to take effect from the date of the order.

The final order of the court was that the Planet Plumbing ACT & Health Projects PTY LTD & CEPU ACT Plumbing Enterprise Agreement 2016-2020 be approved and registered under section 182 of the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the union's members are regulated by the agreement, providing a clear framework for the employer and employees to follow.

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