DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2708)

JOHN R KEITH (QLD) PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2018

Application for approval of the John R Keith (Qld) Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the John R Keith (Qld) Pty Ltd and CEPU Plumbing Division 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 13 July 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 involved an application for approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and John R Keith (Qld) Pty Ltd (the Employer). The dispute arose under the Fair Work Act 2009, and was heard in the Fair Work Commission. The Union sought approval of a collective agreement, which had been negotiated with the Employer, governing employment conditions for members of the CEPU Plumbing Division.

The central issue before the Commission was whether the collective agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement met the criteria for approval, including whether it facilitated the achievement of productive, efficient, and flexible workplace relations, and whether it promoted workplace harmony and cooperation. The Union argued that the agreement was fair and reasonable, while the Employer contended that certain provisions were not in line with the statutory objectives.

The Commission found that the collective agreement largely met the statutory requirements. It was noted that the agreement facilitated efficient workplace relations and promoted cooperation between the parties. The Commission accepted that the agreement was fair and reasonable, and it would facilitate productive and harmonious workplace relations. However, certain provisions were deemed to be outside the scope of the agreement's objectives, and these were accordingly disallowed. Ultimately, the Commission approved the collective agreement, subject to the disallowance of certain provisions.

The final orders of the Commission were that the collective agreement be approved, with certain provisions disallowed as they did not align with the objectives of the Fair Work Act. The Union and the Employer were directed to give effect to the approved agreement, and to take necessary steps to ensure compliance with the Act.

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