DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1835)

POWER PLUMBING NSW PTY LTD REGIONAL PLUMBING ENTERPRISE AGREEMENT 2017 - 2019

Plumbing industry
COMMISSIONER CIRKOVIC	SYDNEY, 31 MAY 2018

Application for approval of the Power Plumbing NSW Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Power Plumbing NSW Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 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. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 31 May 2018 and, in accordance with s.54, will operate from 7 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Power Plumbing NSW Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019, submitted by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The union sought the approval of the agreement which was negotiated between the union and the employer, Power Plumbing NSW Pty Ltd. The nature of the dispute was centred around the fairness and appropriateness of the terms and conditions outlined in the agreement for the employees covered by it.

The legal issues that the court was required to decide involved whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement covered a relevant bargaining unit, whether it contained only matters that are bargainable, whether it was made in good faith, and whether it provided for a proper process for the resolution of disputes. Additionally, the court had to determine if the agreement was likely to achieve a better outcome for the employees in terms of their working conditions, pay and benefits.

In delivering its decision, the Fair Work Commission carefully considered the arguments presented by both the union and the employer, as well as the evidence provided. The Commission found that the agreement satisfied the statutory criteria for approval and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, allowances, and other entitlements. The Commission also considered the process for dispute resolution and found it to be adequate. Based on these findings, the Commission approved the agreement, stating that it was likely to achieve a better outcome for the employees involved.

In conclusion, the Fair Work Commission approved the Power Plumbing NSW Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019, finding that it met the statutory criteria for approval and was in the best interests of the employees. The court's decision provides guidance for future enterprise agreements in the plumbing industry and ensures that employees have fair and reasonable terms and conditions of employment.

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