DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3888)

GRATEHOLT PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Grateholt Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Grateholt Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing 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] 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 21 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The decision involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Ceepu) to have the Grateholt Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019 approved. The dispute arose as the parties had not been able to reach an agreement on the terms of the enterprise agreement, leading to the application being made to the Fair Work Commission. The legal issues before the Court were whether the enterprise agreement complied with the Fair Work Act 2009 and if it met the requirements for approval under the legislation.

The Court found that the enterprise agreement complied with the Fair Work Act 2009 and was in the best interests of the employees. The Court considered the provisions of the agreement, including the terms and conditions of employment, and found that they were fair and reasonable. The Court also noted that the agreement had been negotiated in good faith and that it provided for the protection of employees' rights and interests. The Court was satisfied that the agreement met the requirements for approval under the legislation.

The Fair Work Commission approved the Grateholt Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019, noting that the agreement provided for fair and reasonable terms and conditions of employment. The Court found that the agreement was in the best interests of the employees and that it complied with the requirements of the Fair Work Act 2009. The Court was satisfied that the agreement had been negotiated in good faith and that it provided for the protection of employees' rights and interests. The final orders of the Court were that the enterprise agreement be approved and registered with the Fair Work Commission.

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