DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2222)

PPFSA PTY LTD T/A PRISTINE PLUMBING AND FIRE SPECIALIST AUSTRALIA AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a variation to the PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on15 November 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 5 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia. The dispute was heard in the Fair Work Commission, Australia’s industrial relations tribunal. The union sought approval of the collective agreement which had been negotiated for the period 2015 to 2019. The employer contested the application, arguing that the agreement was not in the best interests of the employees.

The central legal issue before the Commission was whether the collective agreement was in the best interests of the employees, as required by section 234 of the Fair Work Act 2009. The Commission needed to consider whether the agreement provided for fair and equitable terms and conditions of employment, and whether it promoted harmonious, productive and cooperative workplace relations. The employer argued that certain provisions in the agreement were not in the best interests of the employees, while the union contended that the agreement was fair and beneficial.

The Commission found that the overall terms and conditions of employment provided for in the agreement were fair and equitable. The Commission noted that the union had demonstrated that the agreement had been negotiated in good faith and provided for a fair balance of rights and obligations between the parties. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations. The employer's arguments regarding certain provisions in the agreement were rejected as the Commission found that these provisions were not detrimental to the employees. The application for approval was therefore approved.

The Fair Work Commission approved the collective agreement between the union and the employer, finding that it provided for fair and equitable terms and conditions of employment and promoted harmonious, productive and cooperative workplace relations. The Commission rejected the employer’s arguments and found that the agreement was in the best interests of the employees. The agreement was approved and will apply for the period 2015 to 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