DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5654)

PLANET MECHANICAL SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2019

Application for approval of the Planet mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Planet mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – NSW Branch 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 was approved on 7 March 2019 and, in accordance with s.54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought the Fair Work Commission's approval of the Planet Mechanical Services Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2015-2019. The union argued that the agreement met the criteria for approval under the Fair Work Act, while the employer, Planet Mechanical Services, raised concerns about the agreement's provisions.

The key legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it contained only matters that could be included in such an agreement, and whether it had been fairly negotiated. The union argued that the agreement was genuinely an enterprise agreement, that it contained only permissible matters, and that it had been fairly negotiated. The employer contested these points, raising concerns about the agreement's compliance with the Fair Work Act.

The Fair Work Commission found in favour of the union. The Commission held that the agreement was genuinely an enterprise agreement, that it contained only permissible matters, and that it had been fairly negotiated. The Commission rejected the employer's arguments, finding that the agreement complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission approved the Planet Mechanical Services Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2015-2019, finding that it met the criteria for approval under the Fair Work Act.

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