Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 6988

The attached document replaces the document previously issued with the above code on 20 December 2018.

The document has been amended to insert the correct reference number of “AE500749” in place of “AE501147” at the end of the decision.

Stephen Morrison
Member Support Research Team

Dated 11 January 2019

[2018] FWCA 6988

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/6118)

Transplumb Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019

Plumbing industry
Commissioner Johns	SYDNEY, 20 DECEMBER 2018

Application for approval of the TRANSPLUMB GROUP PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019.

An application has been made for approval of an enterprise agreement known as the TRANSPLUMB GROUP PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (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.

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 lodged contained an error at clause 1.1. On 19 December 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Transplumb Group Pty Ltd (the Employer) were before the Fair Work Commission in an application for the approval of the Enterprise Agreement 2016-2019. The Union and the Employer had reached an agreement on a number of terms and conditions of employment, which they sought to have approved by the Commission. The Union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009 and reflected the needs of the employees. The Employer contended that the agreement was a genuine bargain and did not contain any provisions that would be detrimental to the business.

The legal issues before the Commission were whether the agreement was a genuine bargain, whether it met the requirements of the Fair Work Act 2009, and whether it provided for the fair and reasonable terms and conditions of employment. The Union submitted that the agreement was a genuine bargain and that it reflected the needs of the employees. The Employer argued that the agreement contained provisions that were not in the best interests of the business. The Commission had to consider these arguments and determine whether the agreement met the legal requirements and provided for fair and reasonable terms and conditions of employment.

After considering the arguments of both parties, the Commission found that the agreement was a genuine bargain and met the requirements of the Fair Work Act 2009. The Commission noted that the agreement contained provisions that were beneficial to both the employees and the Employer, and that the Union had acted in good faith in negotiating the agreement. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any provisions that would be detrimental to the business. As such, the Commission approved the agreement.

The Fair Work Commission approved the Transplumb Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The Commission found that the agreement was a genuine bargain, met the requirements of the Fair Work Act 2009, and provided for fair and reasonable terms and conditions of employment. The approval of the agreement ensures that the employees of the Employer are covered by a legally binding enterprise agreement, which provides for their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established