DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/665)

VALUE ADDED LABOUR SERVICES PTY LTD AND NORTHERN NSW COMMERCIAL PLUMBING AND MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2019

Application for approval of the Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 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 8 April 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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, which sought approval of the Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2015-2019. The nature of the dispute centred on the terms and conditions of employment outlined in the collective agreement, with an emphasis on whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues that the court had to determine were whether the agreement was a genuine and valid collective agreement and if it complied with the statutory provisions for such agreements. Specifically, the court needed to examine whether the agreement was made in good faith and whether it covered the necessary minimum terms as required by the Act. Furthermore, the court had to ensure that the agreement did not unfairly discriminate against employees or otherwise contravene the principles of the Act.

The court reviewed the provisions of the agreement and the process through which it was formed. It found that the agreement was indeed a genuine collective agreement made in good faith and that it satisfied the minimum terms required by the Fair Work Act. The court also noted that the agreement did not contain any terms that would unfairly discriminate against employees. Consequently, the court concluded that the agreement complied with all statutory requirements and approved the collective agreement.

The final orders of the court were to approve the Value Added Labour Services Pty Ltd and Northern NSW Commercial Plumbing and Mechanical Union Collective Agreement 2015-2019, recognising it as a valid and legally binding agreement between the employer and the union.

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