DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6927)

PROLAG PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH LAGGING ENTERPRISE AGREEMENT 2017-2019

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 FEBRUARY 2019

Application for approval of the Prolag Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Prolag Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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) of the Act, 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 6 March 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval of the Prolag Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019. The dispute arose between the Union and Prolag Pty Ltd, with the Union seeking formal approval of the aforementioned enterprise agreement. The case was heard and determined in the Fair Work Commission.

The central legal issues before the Commission involved whether the enterprise agreement in question complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission needed to assess if the agreement met the necessary standards for approval and if the process of its creation adhered to the legal criteria.

The Fair Work Commission, after examining the submissions and evidence presented by both parties, concluded that the enterprise agreement was made in good faith and without coercion. The Commission found that the agreement was consistent with the statutory requirements and that it was fair and reasonable in its terms. Consequently, the application for approval was granted, and the enterprise agreement was formally approved.

The Fair Work Commission approved the Prolag Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019, effective from the date of the decision. This outcome signifies that the agreement is legally binding between the parties and will govern the employment conditions for the specified period.

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