DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5236)

AIR QUALITY GROUP PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 3 OCTOBER 2018

Application for approval of the Air Quality Group Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Air Quality Group Pty Ltd and CEPU - Plumbing Division Victorian Branch 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.

[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 10 October 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Air Quality Group Pty Ltd (the Employer). The Union sought approval of the Enterprise Agreement 2015 - 2019, which had been entered into between the Union and the Employer. The application was brought before the Fair Work Commission, an Australian federal administrative tribunal with jurisdiction over employment-related matters.

The primary legal issue the Commission had to address was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the best interests of the employees and whether it was free from any prohibited content, such as terms that were coercive, harsh, or otherwise unfair. Additionally, the Commission had to consider whether the agreement had been made in accordance with the prescribed bargaining processes.

The Fair Work Commission determined that the Enterprise Agreement was not coercive, harsh or otherwise unfair. The Commission found that the agreement was in the best interests of the employees as it provided for fair and reasonable terms of employment, including provisions for wages, leave entitlements, and other benefits. The Commission also concluded that the agreement had been made in accordance with the prescribed bargaining processes and was therefore valid. Based on these findings, the Commission approved the Enterprise Agreement.

The Fair Work Commission's decision to approve the Enterprise Agreement was based on a thorough analysis of the agreement's terms and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable and provided for the best interests of the employees. The Commission also noted that the Union had acted in good faith throughout the bargaining process, which was a factor in its decision to approve the agreement. Overall, the Commission's decision was based on a careful consideration of the relevant legal issues and the evidence presented in the case.

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