DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1424)

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

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 9 MAY 2019

Application for approval of the Axis 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 Axis 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 16 May 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

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and Axis Plumbing QLD Pty Ltd, a company engaged in plumbing services. The union sought approval for the Union Collective Agreement 2018, which aimed to regulate the employment terms and conditions of the union's members within the company. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the collective agreement complied with the provisions of the Fair Work Act and whether it met the standards for a registered agreement, including ensuring the agreement's provisions were not contrary to public policy or contrary to the public interest. The court also needed to consider if the agreement provided for proper dispute resolution mechanisms and whether it adequately balanced the interests of both the employees and the employer.

The Fair Work Commission found that the Union Collective Agreement 2018 did not fully comply with the statutory requirements. While the agreement contained provisions for the terms and conditions of employment, it failed to adequately address the dispute resolution mechanisms, which were found to be inadequate in providing a fair and efficient process for resolving disputes. Furthermore, the court concluded that certain provisions of the agreement contravened public policy by potentially allowing for practices that could be detrimental to the public interest. Consequently, the application for approval of the agreement was dismissed.

In its decision, the Fair Work Commission did not approve the Union Collective Agreement 2018, citing deficiencies in dispute resolution provisions and contraventions of public policy. The court ordered that the agreement not be registered and directed the parties to renegotiate the agreement to address the identified shortcomings.

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