DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/7185)

HOSMED SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL, MEDICAL AND LABORATORY GAS PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2019

Application for approval of the Hosmed Services Pty Ltd and CEPU Plumbing Division Mechanical, Medical and Laboratory Gas Plumbing Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hosmed Services Pty Ltd and CEPU Plumbing Division Mechanical, Medical and Laboratory Gas Plumbing 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 28 March 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Hosmed Services Pty Ltd and CEPU Plumbing Division Mechanical, Medical and Laboratory Gas Plumbing Union Collective Agreement 2015-2019. The application was heard by the Fair Work Commission (FWC). The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for the protection of employees' rights and interests, and whether it was in the interests of employees.

The primary legal issues before the FWC were whether the agreement met the statutory criteria for approval and whether it provided for fair and reasonable terms and conditions for employees. This included assessing whether the agreement provided for adequate protections, such as minimum wages, penalty rates, leave entitlements, and other employment conditions. The FWC also had to consider whether the agreement was consistent with the broader objectives of the Fair Work Act, including the promotion of cooperative and productive workplace relations.

In making its decision, the FWC considered the terms of the agreement, the submissions from both parties, and relevant precedents. The FWC found that the proposed agreement did meet the statutory criteria and provided for fair and reasonable terms and conditions for employees. The agreement was found to adequately protect employees' rights and interests, including provisions for minimum wages, penalty rates, and leave entitlements. The FWC also concluded that the agreement was consistent with the objectives of the Fair Work Act. As a result, the FWC approved the Hosmed Services Pty Ltd and CEPU Plumbing Division Mechanical, Medical and Laboratory Gas Plumbing Union Collective Agreement 2015-2019.

The FWC's decision was made under section 234 of the Fair Work Act 2009, and the agreement was approved as a registered agreement. This means that the agreement is now legally binding on both parties and will govern the terms and conditions of employment for employees covered by the agreement during the specified period. The approval of the agreement provides certainty and stability for both employers and employees, and ensures that they are protected by fair and reasonable employment terms.

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