DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6591)

TRU-FLOW SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 4 MARCH 2019

Application for approval of the Tru-Flow Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tru-Flow Services Pty Ltd and CEPU Plumbing Division 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 11 March 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 case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) seeking approval of the Tru-Flow Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2015-2019. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed collective agreement complied with the Fair Work Act 2009 and whether it met the legal requirements for approval.

The primary legal issue was whether the agreement adequately provided for the minimum entitlements and terms that employees were entitled to under the Fair Work Act. This included assessing whether the agreement appropriately addressed matters such as minimum wages, penalty rates, leave provisions, and other conditions of employment. The court also needed to determine if the agreement was made in good faith and whether it adhered to the provisions of the Fair Work Act.

The Fair Work Commission found that the collective agreement largely complied with the statutory requirements. The agreement was deemed to be made in good faith and was consistent with the overarching objectives of the Fair Work Act. The Commission confirmed that the agreement appropriately addressed the minimum entitlements and conditions of employment, ensuring that employees were not disadvantaged. The Commission approved the collective agreement, finding it to be fair and reasonable in all respects.

In summary, the Fair Work Commission approved the Tru-Flow Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2015-2019, affirming its compliance with the Fair Work Act and its alignment with the statutory minimum entitlements and 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