DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3891)

TRI SUMMIT SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH LAGGING ENTERPRISE AGREEMENT 2017-2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 1 OCTOBER 2018

Application for approval of the Tri Summit Services 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 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019 (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] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant union sought approval of an enterprise agreement in relation to workers employed by Tri Summit Services Pty Ltd, a plumbing contractor. The applicant union was the CEPU Plumbing Division - NSW Branch. The respondent, Tri Summit Services Pty Ltd, opposed the application on the basis that it did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the statutory requirements of the Fair Work Act. Specifically, the respondent argued that the agreement did not fairly and accurately reflect the terms of employment of the employees covered by the agreement. The respondent also argued that the agreement did not contain a clause that provided for the agreement to be varied or terminated by either party on 30 days' written notice. The applicant union argued that the agreement was fair and accurately reflected the terms of employment of the employees.

The Commission found that the agreement met the statutory requirements of the Fair Work Act. The Commission found that the agreement fairly and accurately reflected the terms of employment of the employees covered by the agreement, including provisions relating to pay rates, conditions of employment, and dispute resolution. The Commission also found that the agreement contained a clause that provided for the agreement to be varied or terminated by either party on 30 days' written notice. The Commission found that the agreement was fair and met the requirements of the Fair Work Act.

The Fair Work Commission approved the Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.

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