DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3022)

PARAGON PLUMBING WA MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 1 AUGUST 2018

Application for approval of the Paragon Plumbing WA Mechanical Plumbing Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Paragon Plumbing WA Mechanical Plumbing 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Paragon Plumbing WA Mechanical Division (the Employer). The Union sought approval of the Paragon Plumbing WA Mechanical Plumbing Enterprise Agreement 2016-2019, which was entered into between the Union and the Employer. The Fair Work Commission (the Commission) was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it was in the best interests of the employees, and whether the agreement complied with relevant legislative provisions. The Union argued that the agreement was genuine and in the best interests of the employees, while the Employer contended that certain provisions of the agreement were not in the best interests of the employees.

In reaching its decision, the Commission considered the criteria for approving an enterprise agreement under section 231 of the Fair Work Act. The Commission found that the agreement was genuine, as it was negotiated in good faith and covered a particular enterprise. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. However, the Commission made some modifications to certain provisions of the agreement, as they were not in the best interests of the employees. Ultimately, the Commission approved the agreement with modifications.

The Fair Work Commission approved the Paragon Plumbing WA Mechanical Plumbing Enterprise Agreement 2016-2019, with modifications to certain provisions. The Union and the Employer are bound by the terms of the approved agreement, which sets out the terms and conditions of employment for the employees covered by the agreement. The modifications made by the Commission are intended to ensure that the agreement is fair and reasonable for the employees.

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