DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2086)

THE QUANTUM FM PTY LTD /NESTLES CAMPBELLFIELD AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2017-2020

Plumbing industry
COMMISSIONER CIRKOVIC	SYDNEY, 4 JUNE 2018

Application for approval of The Quantum FM Pty Ltd /Nestles Campbellfield and CEPU - Plumbing Division (Vic) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The Quantum FM Pty Ltd /Nestles Campbellfield and CEPU - Plumbing Division (Vic) Enterprise Agreement 2017-2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 4 June 2018 and, in accordance with s.54, will operate from 11 June 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between The Quantum FM Pty Ltd and Nestles Campbellfield, as mediated by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic). The application was brought before the Fair Work Commission, which is responsible for overseeing the approval process of enterprise agreements under Australian labour law. The primary dispute centred on whether the agreement complied with the necessary legal standards and protections set forth in the Fair Work Act 2009.

The key legal issues addressed by the Commission included whether the agreement was genuinely negotiated, whether it contained appropriate minimum terms and conditions, and whether it met the requirements for a protected action ballot. Additionally, the Commission considered whether the agreement adequately addressed the interests of employees, particularly in terms of wages, working conditions, and other employment terms. It was also necessary to determine if the agreement complied with the statutory obligations under the Fair Work Act, including the requirement for the agreement to be free from prohibited content.

The Fair Work Commission, in its decision, thoroughly examined the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated and contained appropriate minimum terms and conditions. It also concluded that the agreement complied with the statutory requirements and did not include any prohibited content. Consequently, the Commission approved the enterprise agreement, recognising its validity and enforceability under the Fair Work Act. The Commission's decision was based on the evidence presented and its assessment of the agreement's compliance with the relevant legal standards.

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