DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5266)

COMMTANK PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 3 OCTOBER 2018

Application for approval of the Commtank Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Commtank 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.

[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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), sought the court's approval of the Enterprise Agreement between the union and Commtank Pty Ltd. The applicant union submitted that the agreement satisfied the requirements of section 231 of the Fair Work Act 2009. The respondent, the Plumbing Division Victorian Branch, challenged the application, claiming that the agreement did not meet the genuine agreement requirement under section 230 of the Act. The matter was heard in the Fair Work Commission.

The court had to decide whether the agreement was a genuine agreement. The respondent argued that the agreement did not comply with the genuine agreement requirement because the union did not have the authority to negotiate on behalf of the employees. The applicant union contended that it had the authority to negotiate on behalf of the employees and that the agreement was genuine. The court examined the evidence and submissions to determine whether the agreement was genuine. The court found that the union had the authority to negotiate on behalf of the employees and that the agreement was genuine.

The court held that the agreement was a genuine agreement, as the union had the authority to negotiate on behalf of the employees, and the agreement was not made under duress or coercion. The court found that the union had properly authorised the agreement, and the employees had not objected to the agreement. The court also found that the agreement was not unreasonable or oppressive. The court approved the agreement, finding that it complied with the requirements of the Fair Work Act 2009.

The court approved the Enterprise Agreement and ordered that it be registered in accordance with section 231 of the Fair Work Act 2009. The court ordered that the agreement be binding on the parties from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website. The court's decision was final and binding on the parties.

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