DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/497)

RAB'S PLUMBING SERVICE'S PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 APRIL 2018

Application for approval of the Rab's Plumbing Service's Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Rab’s Plumbing Service’s Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise 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. 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 27 April 2018 and, in accordance with s.54, will operate from 4 May 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute was between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Rab's Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch. It involved the application for approval of the parties' enterprise agreement for the period 2015 to 2019. The case was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the enterprise agreement was consistent with the provisions of the Fair Work Act 2009, including the requirement for genuine agreement between the parties, and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission needed to assess if the agreement contained all the mandated terms and conditions of employment and if it was fair and reasonable.

In determining the matter, the Commission examined the evidence provided by both parties, including the process by which the agreement was negotiated and whether it was genuinely agreed upon. The Commission also considered whether the agreement met the criteria for approval as stipulated in the Fair Work Act. After thorough examination, the Commission found that the agreement was consistent with the relevant legislation and that it had been genuinely negotiated between the parties. Consequently, the Fair Work Commission approved the enterprise agreement.

The final orders of the Commission were that the Rab's Plumbing Service's Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019 be approved and registered as a valid enterprise agreement under the Fair Work 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