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

[2018] FWCA 6388

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

(AG2018/5127)

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

Plumbing industry
Commissioner Wilson	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Coolmaster 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 Coolmaster 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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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 23 October 2018. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the Coolmaster Pty Ltd and CEPU - Plumbing Division Victorian Branch, applied to the Fair Work Commission for the approval of their Enterprise Agreement 2016 - 2019. The dispute arose over certain provisions within the agreement that the parties sought to have certified as binding. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issue the court needed to address was whether the specific terms and conditions outlined in the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. This included examining if the agreement met the criteria for 'simplification', 'efficiency' and 'flexibility' as required by the Act, and whether it provided appropriate protections for employees. The court also had to consider if the agreement was fair and reasonable, taking into account various factors such as the nature of the industry, the bargaining positions of the parties, and the overall impact on employees.

In its reasoning, the Fair Work Commission found that the Enterprise Agreement did indeed meet the necessary criteria for approval. The Commission noted that the agreement provided for adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. It was determined that the agreement also contributed to the simplification, efficiency, and flexibility of workplace arrangements. Given these findings, the Commission concluded that the agreement was fair and reasonable, and approved the application for its certification. Consequently, the Enterprise Agreement was endorsed and is now binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established