DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1699)

COLD CONTROL MECHANICAL PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2018

Application for approval of the Cold Control Mechanical Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Cold Control Mechanical Pty Ltd and CEPU Plumbing Division Mechanical 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 5 June 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 Fair Work Commission heard an application for the approval of the Cold Control Mechanical Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The applicant, the union, sought to have the agreement approved under the Fair Work Act 2009. The employer, Cold Control Mechanical Pty Ltd, did not object to the application, but raised concerns about the provisions relating to the classification of employees and the payment of allowances. The union argued that the agreement was fair and reasonable and met the requirements of the Act.

The legal issues before the Commission were whether the agreement was a lawful agreement, and whether it met the good faith bargaining requirements of the Act. The Commission considered whether the agreement was made in good faith, whether it provided for the proper classification of employees, and whether it provided for the proper payment of allowances. The Commission also considered whether the agreement was fair and reasonable, and whether it met the requirements of the Act.

The Commission found that the agreement was made in good faith and met the requirements of the Act. The Commission considered that the agreement provided for the proper classification of employees and the proper payment of allowances. The Commission also found that the agreement was fair and reasonable and met the requirements of the Act. The Commission approved the agreement, subject to certain modifications to the provisions relating to the classification of employees and the payment of allowances.

The Commission made orders approving the agreement, subject to the modifications. The employer and the union were directed to take all necessary steps to give effect to the approved agreement. The employer and the union were also directed to notify the Commission of any changes to the agreement within 30 days of the change being made. The Commission reserved the right to review the agreement at any time if it considered that it was no longer meeting the requirements of 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