DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2521)

ADVANCE GROUP OF COMPANIES PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER JOHNS	DARWIN, 7 AUGUST 2018

Application for approval of the Advance Group Of Companies Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Advance Group Of Companies Pty Ltd and CEPU Plumbing Division Fire Services Union Collective 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 14 August 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, which sought approval of a collective agreement with the Advance Group Of Companies Pty Ltd and the CEPU Plumbing Division Fire Services Union for the years 2015 to 2019. The central issue was whether the agreement met the legal criteria for approval under the relevant industrial legislation. The Fair Work Commission heard the application and needed to determine if the agreement complied with the procedural and substantive requirements set out in the Fair Work Act.

The court considered several legal questions, including whether the agreement was made in good faith, whether it provided for proper representation and consultation, and whether it contained terms and conditions that were fair and reasonable. Additionally, the court examined if the agreement addressed key aspects such as wages, hours of work, and other conditions of employment in a manner that was consistent with the broader principles of industrial law. It was essential that the agreement did not contravene any provisions of the Fair Work Act and that it adhered to the procedural fairness requirements established by previous case law.

Upon reviewing the agreement and the submissions from both parties, the Commission found that the collective agreement complied with the necessary legal standards. The agreement was deemed to have been made in good faith, with adequate representation and consultation processes in place. The terms and conditions of the agreement were considered fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. Consequently, the court approved the collective agreement, confirming its validity under the Fair Work Act.

As a result of the court's decision, the Advance Group Of Companies Pty Ltd and CEPU Plumbing Division Fire Services Union were granted approval for their collective agreement, which was to remain in effect for the specified period from 2015 to 2019. This outcome provided certainty and stability for the parties involved and ensured that the agreement would be enforceable under the relevant industrial legislation.

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